ORDER :

HON’BLE MR. JUSTICE RAJESH SHANKAR

1. 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. 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 on the basis of their actual wages drawn and accordingly, to make payment of such enhanced pension to the petitioners from their respective dates of entitlement (i.e. the date of retirement) within a period of one month or such period as may be directed by this Court. The petitioners have also prayed for issuance of direction upon the respondent nos. 1 and 2 to indicate the differential amount on the contribution actually made by them and the contributions due to be remitted on their behalf in view of the higher wages drawn by them so as to enable them to remit the differential amount for entitlement of enhanced pension on contributions as per actual salary/wages drawn by them. The petitioners have further prayed for issuance of direction upon the respondent nos. 1 and 2 to act in the light of the order dated 4th October, 2016 passed by the Hon’ble Supreme Court in Civil Appeal Nos.10013-14/2016 [ R.C. Gupta & Ors. Vs. Regional Provident Fund Commissioner, Employees Provident Fund Organization & Ors.], reported in (2018)14 SCC 809; judgment of Hon’ble Delhi High Court rendered in W.P.(C) No. 5678/2018 [ Bhartiya Khadya Nigam Karamchari Sangh & Anr. Vs. Union of India & Ors.]; and judgment of Hon’ble Kerala High Court in W.P.(C) No. 13120/2015 [ P. Sasikumar Vs. Union of India & Ors.].

2. The petitioners have stated in the writ petition that they were appointed on different posts after observing due process of law under the respondent no. 3 (non-exempted establishment under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952). Their details have been mentioned in paragraph no. 6 of the writ petition, which are as under: