Saturday, December 31, 2011

[HumJanenge] Response from CPIO after the first appeal

Hi Friends,

My father Sh. Harish Kumar Agarwal is eligible to receive pension under Employees Pension Scheme-1995. He retd. in the year 2006, However the co. he worked for shut down its operation in 1998. The company was subscribed to Provident Fund Trust regulated by Employees Provident Fund Organisation. The Trust was dissolved in 2001 and the all the money in the  trust was transferred to Regional Provident Fund Commissioner-II, Bandra, Mumbai, Maharashtra under PF number MH/4867/82.

My father applied for the provident fund, and pension. After following up for 4 years, and filing complaints with Central Provident Fund commissioner, my father received his PF accumulations
in 2010. but was not given his pension till this date. He has applied for the pension 4, to 5 number of times, and filed complaints to Central PF office also (multiple times). However, PF office Bandra, Mumbai has not yet looked into the complaints.

When he filed RTI application to know the status of the complaint, PF office Bandra didn't reply before the first appeal was filed. After the first appeal, the reply obtained from the PF office
was shocking to us.

The copy of the reply is enclosed. The reply said the form was returned to the employer on 01/03/2010, However the letter obtained from the RPFC-Kandivli  clearly mentioned the date on which the complaint was forwarded to RPFC-II Bandra on  09/03/2011- copy attached.

I am unable to decide on the next move now
1) File a II appeal or a complaint with CIC, New Delhi.
    I will get a hearing sooner or later but that would yield some information from the PF office. My father would not get the pension by filing a CIC complaint/appeal.

The very sad part of the story is:
There were two more people who applied for the pension at the same time my father had applied. The company (employer) official asked to pay Rs. 4000/- each. The other two paid the money and they are enjoying the pension. I have their PF numbers on record. My father denied paying 4000/-, and we are now made to suffer.

It is clearly mentioned in the rule book of the EPS-1995 Act that Pensionary benefits cannot be denied to any member  for any fault of the employer.
Kindly advise.

attachments: PF office reply, and the letter of compaint.
Abhinav Agarwal

Have a heart that never hardens, a temper that never tires, and a touch that never hurts...

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