RAM NANDAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) In all the above stated writ petitions, similar questions are involved and accordingly, all the above stated writ petitions are being disposed of by this common order, Petitioners have prayed for issuance of writ commanding the respondents to pay higher pensionable salary in terms of proviso to para 11 of the Employees' Pension Scheme, 1995.

(2.) Petitioners were employees of the Bihar State Food and Civil Supplies Corporation limited where the Employees' Pension Scheme, 1995 had been implemented. Petitioners' made their contributions towards the aforesaid scheme and the aforesaid Corporation had deducted required amount from salary of the petitioners to make contributions in the above stated scheme. In course of time, petitioners started receiving salary much at Rs. 6500 per month and the said corporation had been contributing the prescribed amount of salary exceeding Rs. 6500 per month into pension fund but petitioners were denied their pension on higher salary. The then Managing Director of the Bihar State Food and Civil Supplies Corporation limited raised protest against the act of respondents writing vide letter No. -5210 dated 23.6.2009 and the Union of the employees of the aforesaid Corporation also made protest against the act of the respondents but of no avail and respondents refused to make payment on higher salary.

(3.) Learned counsel appearing for the petitioners submitted that admittedly, deduction had been made by the employer on higher salary of the petitioners and the aforesaid deduction were accepted by the respondents and therefore, they cannot refuse to give pensionary benefit at the rate of higher deduction because the Employees' Pension Scheme, 1995 is a pensionary scheme and deduction on higher salary was never refused by the respondents. It is further contended by learned counsel for the petitioners that Board of directors of the Bihar State Food and Civil Supplies Corporation limited took decision to make deduction on higher rate of salary and informed the respondents and similarly, association of employees of the Bihar State Food and Civil Supplies Corporation limited also gave consent of employees for deduction on their higher salary and therefore, according to para 11(3) of the Employees' Pension Scheme, 1995, the respondents are bound to give pensionary benefit at higher rate.