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2023 Supreme(Jhk) 286

RAJESH SHANKAR
Janardan Singh – Appellant
Versus
Employees Provident Fund Organization, Regional Office, Ranchi through the Regional Provident Fund Commissioner, Ranchi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Tanya Singh, Advocate
For the Respondent-EPFO:Mr. Rupesh Singh, Advocate Mr. Jagdeesh, Advocate
For the Respondent-JSMDC:Mr. Manoj Kumar, Advocate Mr. Aditya Raman, Advocate

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondent no. 3 to forward the applications submitted by the petitioners to the respondent nos. 1 and 2 exercising option for payment of pension on the basis of higher wages drawn by them in the light of paragraph no. 26(6) of the Employees Provident Fund Scheme and paragraph no. 11(3) of the Employees’ Pension Scheme, 1995 with an undertaking to remit the amount including up to date interest as may be calculated by the office of the respondent no. 1 for payment of enhanced pension on the basis of contribution made on actual wages/salary drawn by the petitioners.

2. Further prayer has been made for issuance of direction upon the respondent nos. 1 and 2 to process the aforesaid applications submitted by the petitioners for payment of enhanced pension on the basis of contributions as per actual salary/wages drawn by them to extend the benefit under the provisions of paragraph no. 11(3) of the employees’ Pension Scheme, 1995 and to compute and determine the pensionable salary of the petitioners o

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