BALJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Present petition has been preferred under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing respondent No.3 to accept the application for validation of option/joint options for pension on higher wages and process the same for grant of higher pension. It is further prayed to issue a direction to accept the differential amount from the petitioners and also to release/grant arrears of revised pension.

(2.) Learned counsel for the petitioners, inter alia, contends that the petitioners were serving the Punjab State Tubewell Corporation Ltd., Chandigarh (now Punjab Water Resources Management and Development Corporation Ltd., SAS Nagar, Mohali) and they were allotted Employees Provident Fund establishment Code No.PN/4690. On attaining the age of superannuation, the petitioners retired after 1/9/2014, on 30/5/2017, 29/4/2023 & 31/3/2018 respectively and as such, they are now pensioners under the Employees Pension Scheme, 1995 (for short 'EPS, 1995'). During their service, the petitioners contributed to Employees Provident Fund on actual wages exceeding the ceiling since 1974. Further, the aforesaid EPS, 1995 was amended in the year 2014, whereby the wage ceiling was enhanced from Rs.6500.00 to Rs.15000.00 and also allowed a joint option under para No.11(4) for pension on full salary. However, the petitioners were not informed regarding the aforesaid amendment, which deprived them of the opportunity to exercise the joint option in time.

(3.) Learned counsel for the petitioners relies upon a judgment rendered by the Hon'ble Supreme Court in The Employees Provident Fund Organization and another Vs. Sunil Kumar B. and others, SLP(C) Nos.8658-8659 of 2019 decided on 4/11/2022, pursuant to which, the petitioners became entitled to submit joint options for higher pension. However, when the petitioners attempted to submit joint options, till that time, online portal was closed. However, petitioner No.3 submitted offline documents on 28/2/2023, which were not considered by the respondent-EPFO. As such, the pension of the petitioners is restricted to Rs.15,000.00 per month. Thereafter, the petitioners submitted representations on 4/8/2025 (Annexures P-5 to P-7), which remain unheeded.