By  K. VIJAYAKUMARAN, PRESIDENT,

          This is an application for execution of the decree in the above complaint.

          According to the DH as per the order dated 21.04.2002, he is entitled to get monthly pension @ Rs.1050/- per month.

          The Decree Holder is claiming Rs.1,62,576/-  towards arrears of Pension @ Rs.1050/- per month as pension, interest etc.

          According to the DH he has an eligible service of 25 years with no break in service and so he is entitled to get minimum pension of Rs.800/- for past service and Rs.335/- being the minimum pension for the actual service.  The DH is also claiming weightage of 2 years under para 10.

          According to the JDS the DH is entitled to get only Rs.500/- towards past service Pension under para 12(5) (b) as he has more than 20 years service and drawing a salary or Rs1,038/-  and that he is not entitled to get any pension under para 12 (5) (a) as he has completed 58 years prior to the introduction of EPS 95.  It is the further case of the JD that they have taken pensionable salary of the DH at Rs.1038/- on the basis of Form 3 A for the year 1994-95.

According to the JD the Govt. of India has clarified para 12(3), (4) and (5) of EPS 95 as per letter No. 15025/01/99-SS-IV dated 10.05.09 as follows:-2 Sub-para (a) and (b) of paragraphs 12(3), 12(4) & 12(5) are to be read independent of the words “Subject to minimum of Rs.800”/-. “Subject to minimum of Rs.600”/- “Subject to minimum of Rs.500”/-provided the past service is 24 years.  In other words, a person will be entitled to a minimum pension of Rs.800/-, or Rs.600/- or Rs.500/- as the case may be only if;

(i)                On the date superannuation on attaining the age of 58 years, he had rendered 24 years of service; and

(ii)             The aggregate of (a) and (b) under paragraphs 12(3), 12(4) and 12(5) as the case may be i.e, less than the prescribed minimum of Rs.800/-, Rs.600/- or Rs.500/-, as the case may be.

3.  In the case the eligible service on the date of attaining 58 years of age is less than 24 years pension will be reduced proportionately and in such cases, the minimum pension and past service benefit taken together will be Rs.450/-, Rs.325/- or Rs.265/- p.m. respectively”. The Govt. of India as per F.No. R -15025/1/99-SS-II dated 15.06.2007 amended para 12 of EPS 95 and ordered that a minimum pension is not provided separately for past service up to 15.11.95 and service rendered from 16.11.95 but a minimum is provided for both services put together i.e Rs.800/-, Rs.600/- and Rs.500/- depending on the date of retirement and the number of years past service.  The DH has 24 years service and a pensionable salary of Rs.1,038/- and therefore in the light of the above notifications he is entitled to get Rs.500/- as minimum pension  for past service.  The D.H has no actual service as he has only less than 6 months service before exit on 25.2.96 which is to be ignored.

          Admittedly the DH was not a member of 1971 Scheme and his entire past service has been converted into pensionable service by remitting Rs.46,400/- towards contribution and interest.  According to the JD the pensionable salary of the DH was calculated on the basis of his annual contribution card in EPF Form No.3 A for the year 1994-95 submitted by the employer.  Other than raising a contention that his salary is more than that no material was produced by the DH.  Even if his salary is taken as more than that those who get pensionalbe salary up to Rs.2500/- and having 24 years service are entitled to get the  minimum pension of Rs.500/- . We find no error in the calculation of monthly pension of DH.

          The contention of the DH is that he is entitled to get weightage of 2 years under para 10(2).  Pensionable service of a member is determined with reference to the contributions received or receivable on his behalf in the Employees Pension Fund.  Para 2(XV) defines pensionable service as the service rendered by the member for which contribution has been received or receivable.  Para 6 A (2) of the Employees Provident Fund and Miscellaneous Provision Act 1952 reads “Not with standing anything contained in Sec6 there shall be established as soon as may be after forming the pension scheme a pension fund into which there shall be paid from time to time in respect of every employee who is a member of Pension Scheme”.  Para 2(IV) defines contributory service as the period of actual service rendered by a member for which contribution to the fund have been received or receivable.  Actual service defined in para 2(11) as the aggregate of period of service rendered from 16.11.95 or from the date of joining any establishment which ever is later to the date of exit from the employment of the establishment covered under the Act. The word ‘later’ has much significance. It is to be noticed that EPS 95 came into existence from 16.11.95 onwards.  From a combined reading of the above definitions we are of the view that for getting weightage of 2 years an employee has to render service for 20 years after 16.11.95.  If the intention of legislature is to take past service and actual service together for calculating 20 years it would have been specifically stated. For all that has been discussed above we are of the view that the DH is entitled to get only Rs.500/- as monthly pension under para 12(5)(b) and he is not entitled to get any pension under para12 (5)(a).  Therefore the DH is not entitled to get the amount claimed in the E P and he is bound to repay the sum of Rs.1,09,478/- received by way of attachment.

          In the result the E P is dismissed.  The DH is directed to repay the sum of Rs.1,049,478 /- with interest @ 6% p.a. within one month.   

Dated this the 9^th day of December, 2008