EPF Pension | Kerala HC Restrains EPFO From Reducing Higher Pension Of Petitioners Who Contributed Based On Their Actual Salary

The Kerala High Court by an interim order directed the Employees Provident Fund Organisation (EPFO) to not reduce the higher pension drawn by certain persons who retired from Travancore Titanium. The order was passed by Justice Murali Purushothaman in a writ petition filed by 41 pensioners.The Employee Provident Fund Organisation had sent a letter to these employees saying that their pension has been revised as per the pro-rata method of calculation introduced through the 2014 amendment, the validity of which was upheld by the Supreme Court in Employee Provident Fund Organisation and Another v Sunil Kumar B. & Others (2022). The employees were further asked to refund the amount they received in excess of the revised pension. The High Court has now by an interim order directed the EPFO to continue paying the higher pension that was being paid to these employees.As per the petitioners, they have exercised their option for getting higher pension based on their actual salary and have been receiving the higher pension. The petitioners argued that as per para 11(4) of Employees' Pension Scheme, 1995 existing members of the scheme on 1st September 2014 who had been contributing on salary exceeding Rs. 6500 per month may, after exercising the fresh option, continue to contribute on salary exceeding Rs. 15,000 per month and for them the pensionable salary shall be based on the higher salary. The petitioners argued that the provision does not say that pension shall be given to such employees on pro-rata basis. The petitioner also said that the Supreme Court case has not given any direction as to given pension based on pro-rata calculation to employees who were contributing to the scheme on the basis of their actual salary.The case will be next considered on 27th March.The plea is moved by Advocates P. N. Mohanan, C. P. Sabari, Amrutha Suresh, Gilroy RozarioCase Title: Balakrishna Pillai N. & Others v Union of India & OthersCase No: WP(C) 2311/ 2025Click Here To Read/ Download Order

EPF Pension | Kerala HC Restrains EPFO From Reducing Higher Pension Of Petitioners Who Contributed Based On Their Actual Salary

Manju Elsa Isac

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