GIRIRAJ PRASAD AGARWAL Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

JUDGEMENT

(1.) The petitioners, who are retired employees of the Urban Co-operative Bank Ltd., Jaipur, have approached this Court under Article 226 of the Constitution of India, assailing the legality of orders dtd. 31/5/2023 passed by the Employees Provident Fund Organisation (hereinafter to be referred as 'the EPFO'), whereby their higher pension, already granted on the basis of contributions made on actual salary exceeding the statutory wage ceiling, has been reduced.

(2.) The facts of the case, which are not in serious dispute, are that the petitioners contributed to the Pension Fund on actual wages beyond the statutory limit. Petitioners' contributions were also accepted by the EPFO and Pension Payment Orders (PPOs) granting higher pension were issued to the petitioners in 2018 and 2019. However, pursuant to circulars dtd. 25/1/2023 and 20/2/2023, the EPFO reopened their cases and vide impugned PPOs dtd. 31/5/2023, it reduced monthly pension of the petitioners.

(3.) The petitioners have contended that the action of the respondents in reducing their pension is manifestly arbitrary and contrary to the authoritative pronouncement of the Hon'ble Supreme Court in R.C. Gupta and Others vs. Regional Provident Fund Commissioner, Employees Provident Fund Organisation and Others, (2018) 14 SCC 809 and the respondents have misapplied the later Constitution Bench decision of Hon'ble Supreme Court in the case of Employees Provident Fund Organisation and Another vs. Sunil Kumar B. and Others, (2023) 12 SCC 701.