SURAJDEO PRASAD ROY, SON OF LATE RAM LAKHAN PD. RAI, RESIDENT OF MOHALLA Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER, REGIONAL OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION R. BLOCK NO. 6, PATNA

JUDGEMENT

(1.) The challenge in the present writ application is to the notification dated 15th of June, 2007 whereby, Paragraph 12 of Employees Pension Scheme, 1995 was substituted with retrospective effect i.e. 16.11.1995.

(2.) As per the petitioner, the amendment in the notification has discriminatory effect inasmuch as certain persons who have got benefit prior to substitution of the scheme stand on a different footing than the persons who have not been granted benefits under the unamended scheme but now being dealt with by the amended scheme.

(3.) Sec. 6A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short 1952 Act ) provides for framing of pension scheme by the Central Government by publication of a notification in the official Gazette. In terms of said provision, Employees' Pension Scheme, 1995 was notified on 16th of Nov., 1995. Paragraph 12 of such scheme has different parameters for calculation of pension including family pension but such provision was amended on 15th of June, 2007 with retrospective effective. Sec. 7 of the 1952 Act empowers the Central Government to amend or vary either prospectively or retrospectively, the Scheme, the Pension Scheme or the Insurance Scheme, as the case may be. Sec. 7 (1) of the 1952 Act reads as under:-