EPF Pension | Kerala High Court Seeks EPFO Response On Plea Challenging Condition To Show Proof Of Giving Higher Pension Option

A plea has been filed in the Kerala High Court challenging the requirement of submission of proof of having opted for paying higher Provident Fund contribution under paragraph 26(6) of the Employees Provident Fund Scheme, towards the higher PF pension.

Justice Ziyad Rahman A.A., on Wednesday, admitted the plea, and granted time to the EPFO to submit counter affidavit in the matter.

The time for giving option for the higher PF pension had been extended to May 3, 2023, in accordance with the Supreme Court decision. However, the Regional PF Commissioner had issued an order dated February 20, 2023, that while so opting for the higher PF Pension, the proof of having opted for paying the higher Provident Fund contribution would have to be submitted as per paragraph 26 (6) of the Scheme.

The plea that has been filed by Saheer S. and twenty other BSNL employees avers that the said requirement is violative of the High Court decision in P. Sasikumar v. Union of India(2018), which had stated that no cut-off date would be applicable in order to give the option for remitting the higher PF contribution. It was pointed out that the Apex Court had also not intervened in this matter pertaining to paragraph 26(6). It was thus contended that the requirement of submitting proof of having opted for the same could thus not be sought at this juncture.

The matter has been posted to March 23, 2023, for further consideration.

The plea has been filed through Advocates P.N. Mohanan, C.P. Sabari, Amrutha Suresh, and Gilroy Rozario. 

Also Read - EPF Pension : Kerala High Court Restrains EPFO From Reducing Higher Pension Received By Petitioners

Case Title: Saheer S. v. Union of India & Ors.