CWP/4218/2020
2021 Latest Caselaw 2578 HP

CWP No. 4218 of 2020

7.4.2021 Present: Mr. Amit Singh Chandel, Advocate, for the petitioners.

Mr. Balram Sharma, ASGI, for respondent No.1. Mr. Navlesh Sharma, Advocate, for respondents No.2

.

to 4.

Mr. Anshul Bansal, Special Prosecutor for respondent No.5/CBI.

Careful perusal of minutes of meeting " NIDHI APKE

NIKAT" held on 11.6.2018, reveals that representations having been

filed by the petitioner and other similarly situate persons were taken

up for consideration in Lokadalat, wherein after detailed

deliberations, Lokadalat comprising of Senior Officers including the

Regional Provident Fund Commissioner, passed following order:

"Keeping in view of the above, all officer(s) are of the view that all the pension cases in which, existing member as on 01.09.2014 is contributing over and above the statutory ceiling limit with or

without exercising the joint option of employee & employer, their pension cases should be considered on higher wages exceeding the wage limit as per the order of the apex Court and

circular(s) issued by Head office.

Accordingly, considering the submissions of the members attended the "NIDHI APKE NIKAT"

Programme, Regional P.F. Commissioner (I) is of the view that due to non settlement of pension case of eligible members in the light of Supreme

Court order dated 04.10.2016, has not only put the concerned members to inconvenience but may also amount to disobedience of instructions as pointed in the circular dated 08.06.2018 point No.4 (viii) and has been directed to settle the pension case(s) on higher wage in the light of the above mentioned judgment and circular dated 08.06.2018 and follow the instruction in true spirit given in point no.6 of the circular."

Though, department, in terms of aforesaid order,

decided, in principle, to consider the pension cases of the petitioner

as well as other similarly situate persons, who as on 1.9.2014, were

contributing towards over and above the statutory ceiling limit with or

without exercising the joint option of employee & employer, on

higher wages exceeding the wage limit as per the order passed by

the Hon'ble Apex Court in Case titled R.C. Gupta and Ors etc. etc. v.

Regional Provident Fund Commissioner Employees Provident Fund

Organization and Ors etc., passed in Civil Appeal No(s) 10013-10014

.

of 2016 (arising out of SLP (C) Nos. 33032-33033 of 2015), but more

than five years have passed, but till date, pension on higher wages

as was agreed in meeting held in Lokadalat on 11.6.2018, has been

not released to the petitioner as well as other similarly situate persons

and as such, they are compelled to approach this Court in the

instant proceedings.

r to Mr. Navlesh Verma, learned counsel, prays for and is

granted two weeks' time to verify "whether pension cases of the

petitioner and other similarly situate persons stand decided in terms

of order dated 11.6.2018 or not?" If not, explanation qua the delay

may be rendered on record by way of an affidavit. Having taken

note of the fact that decision granting pension on higher wages

exceeding the wage limit as per order of the Hon'ble Apex court in

R.C. Gupta's case (supra) case was taken on 11.6.2018, this Court

hopes and trusts that needful shall be done by the respondents

concerned within three weeks, failing which Regional Provident Fund

Commissioner, shall remain present on the aforesaid date. List on

3.5.2021.

     7th April, 2021                              (Sandeep Sharma),
        manjit                                          Judge