Jharkhand High Court:<\/b> A Division Bench of Aparesh Kumar Singh and Kailash Prasad Deo, JJ. was hearing a writ petition of mandamus under Article 226 of the Constitution of India pertaining to the validity of allowance of pension under the Employments Pension Scheme, 1995.<\/p>\n
The petition has been filed by Regional Provident Fund Commissioner (Employees Provident Fund Organisation) and Accounts Officer, EPFO, Ranchi against the orders of Central Administrative Tribunal, Patna Bench which directed them to pay a pension to the respondent under Employees Pension Scheme, 1995 (EPS). Under the EPS, criteria for availing pension was the completion of 10 years of eligible service till the age of 58 years i.e. on 31-12-2010 but he continued to pay the remittances till the date of his superannuation on attaining the age of 60 years i.e. on 31-12-2012. it is to be noted that the BSNL was covered under EPS, 1995 on 29-06-2004 w.e.f. 01-06-2002<\/p>\n
The counsel for petitioner Gautam Rakesh submitted that eligibility to avail superannuation has not been fulfilled till the employee attained the age of 58 years i.e. on 31-12-2019, therefore, the orders of Tribunal should be dismissed. Further, the counsel submitted that if 10 years of eligible service is not completed the provision for withdrawal benefits is given. Also, the counsel submitted that the scheme applies uniformly to all employees.<\/p>\n
The counsel for respondent 1 M.M. Pal, submitted that Clause 2(ii) of EPS counts the period of service from 16-11-1995 or from the date of joining, whichever is later. Later it was submitted that Para 2(iv) of EPS, 1995 states that contributory service means the period of actual service for which contribution to fund has been received. Further, it was submitted that pensionable service under Para 2(xv) of EPS, 1995 means service rendered for which contribution has been made. Also, the counsel put forth that under Para-16-A of EPS, 1995 none should be denied pensionary benefits.<\/p>\n