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HIGH COURT OF CHHATTISGARH AT BILASPUR
2026:CGHC:19884
WPS No. 7393 of 2024, WPS No. 7998 of 2024, WPS No. 7452 of 2024, WPS No. 7350 of 2024, WPS No. 7454 of 2024, WPS No. 7460 of 2024, WPS No. 7461 of 2024, WPS No. 7466 of 2024, WPS No. 7467 of 2024, WPS No. 7480 of 2024, WPS No. 7470 of 2024
WPS No. 7393 of 2024
Virendra Kumar Saxena S/o Late Dr. Hari Prasad Saxena Aged About 68 Years R/o D-268, M.R. Colony Tagore Nagar Bilaspur Cg State --- Petitioner(s)
versus
1 - Central Board Of Trustees Employees Provident Fund Office Through The Regional Provident Commissioner Pandri Raipur Raipur District - Cg State
2 - The Regional Provident Fund Commissioner Employees Provident Fund Office Pandri Raipur Cg State --- Respondent(s)
WPS No. 7998 of 2024
Satya Prakash Verma S/o Shri S. N. Verma Aged About 69 Years R/o House No. 414, Juhi Kusum Villa, Ring Road No. 1, Telibandha, Raipur, District- Raipur, C.G. ---Petitioner(s)
Versus
1 - Employess Provident Fund Organization Through Commissioner, Regional Office, Block-D, Scheme-32, Indira Gandhi Commercial Complex, Pandri Raipur, District Raipur, C.G.
2 - Chhattisgarh State Co-Operative Dairy Federation Through Its Managing Director, Urla, Post B M Y Charouda, District- Durg, C.G.
3 - Additional Central Provident Fund Commissioner (M P C G) Employees Provident Fund Organisation, Zonal Office- Bhavishya Nidhi Bhawan, 59 Arera Hill, Bhopal, District- Bhopal, M.P. --- Respondent(s)
WPS No. 7452 of 2024
Nilambar Nayak S/o Shri Rupchandra Nayak Aged About 71 Years R/o Village Futguna, P.O. Gadbeda, Tahsil Pithora, District : Mahasamund, Chhattisgarh ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist., Chhattisgarh State.
2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh. --- Respondent(s)
WPS No. 7350 of 2024
J.N. Das S/o Late Jagdish Das Aged About 70 Years R/o Ward No. 10, Village - Subhashpara, P.O. Bhanupratapur, Kanker, Chhattisgarh. ---Petitioner(s)
Versus
1 - Central Board Of Trustees, Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist, Cg State.
2 - The Regional Providnet Fund Commissioner Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist, Cg State. --- Respondent(s)
WPS No. 7454 of 2024
Shyam Lal Gupta S/o Late Shobha Ram Gupta, Aged About 72 Years R/o Plot No. 84, Phse-I, Near Hanuman Gadi, Raj Kishore Nagar, Secl, Lingiyadih, Bilaspur C.G. State. ---Petitioner(s)
Versus
1. Central Board Of Trustees, Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, District, Cg. State.
2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s)
WPS No. 7460 of 2024
Bhagwat Prasad Khare S/o Shri Kaleshwar Prasad Khare Aged About 72 Years R/o Padavpara, Near Durga Pandal, Kargiroad, Kopta, Bilaspur, Chhattisgarh. ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist., Chhattisgarh State.
2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh. --- Respondent(s)
WPS No. 7461 of 2024
Vijay Kumar Verma S/o Late B.P Verma Aged About 70 Years R/o H. No .N /8(1) Anjanee Vihar Colony, Chantidih, Science College Road, Bilaspur, Cg State. ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist- Cg State.
2 - The Regional Provident Fund Commissioner, Employees, Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s)
WPS No. 7466 of 2024
K.C. Sharma S/o Late Mool Chand Sharma, Aged About 67 Years R/o M 27, Near Kirana Stores, Dubey Colony, Mowa Raipur, Cg State. ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist. Cg State.
2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s)
WPS No. 7467 of 2024
R. R. Nampalliwar S/o Shri M.R. Nampalliwar, Aged About 67 Years R/o H.No. 31/77, Godawari Madhav, Near Durga Mandir, New Shanti Nagar, Raipur, Raipur District, Cg. State. ---Petitioner(s)
Versus
1 - Central Board Of Trustees, Employees Provident Fund Office Through The Regional Provident Commissioner, Pandri, Raipur, Raipur District, Cg. State.
2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s)
WPS No. 7480 of 2024
Madhusudan Verma S/o Shri Ishwar Singh Verma Aged About 71 Years R/o Indrasen Nagar , In Front Of Durga Temple, 27 Kholi, Bilaspur,dist. Cg State., ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist- Cg State.
2 - The Regional Provident Fund Commissioner, Employees Provident Office, Pandri, Raipur , Cg State. --- Respondent(s)
WPS No. 7470 of 2024
Prem Ram Sahu S/o Late Bishambar Ram Sahu Aged About 71 Years R/o Village Jayashakra, Post Office Charma, Kanker (North Bastar) Dist. Kanker (North Bastar), Chhattisgarh State. ---Petitioner(s)
Versus
1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist. Chhattisgarh State.
2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh State. --- Respondent(s)
For Respective Petitioners : Mr. K.R. Nair with Dr. Veena Nair, Advocates, Mr. S.P. Sannat, Advocate
For Respondents- Employees Provident Fund Organization : Mr. Sunil Pillai, Advocate
For Respondent No.2 in WPS No.7998 of 2024 : Mr. Varchasva Agrawal, on behalf of Mr. Amrito Das, Advocate
SB: Hon’ble Mr. Justice Parth Prateem Sahu
29.04.2026
Order on Board
1. As the issue involved in above writ petitions are inextricably interlinked, therefore, they are heard together and are being decided by way of this common order.
2. These petitions have been filed by the petitioners aggrieved by the order passed by the respondent authority i.e. Employees Provident Fund Organisation (in short “EPFO”) in respective cases whereby revised/higher monthly pension earlier fixed has been reduced without affording any opportunity of hearing to the petitioners.
3. Facts of the case, in brief, are that petitioners in WPS No. 7393 of 2024, WPS No. 7452 of 2024, WPS No. 7350 of 2024, WPS No. 7454 of 2024, WPS No. 7460 of 2024, WPS No. 7461 of 2024, WPS No. 7466 of 2024, WPS No. 7467 of 2024, WPS No. 7480 of 2024 and WPS No. 7470 of 2024 are the employees of Chhattisgarh State Forest Development Corporation and petitioner in WPS No. 7998 of 2024 is an employee of Chhattisgarh State Co-operative Dairy Federation. All the petitioners stood retired from service upon attaining the age of superannuation. Petitioners are covered by the Employees Provident Funds and Miscellaneous Provision Act, 1952 (for short “the Act of 1952”) and the Employees Pension Scheme 1995 (for short ‘the Scheme of 1995’). After retirement, pension of respective petitioners was fixed. Pursuant to the order passed by Hon’ble Supreme Court in RC Gupta & Ors vs Regional Provident Fund Commissioner Employees Provident Fund Organization & Ors, reported in (2018) 14 SCC 809, declaring that there was no cutoff date for exercising option for higher pension in proviso to paragraph 11 (3) of the Scheme of 1995, as it stood before the 2014 amendment, respondent -EPFO issued Circular dated 23.3.2017 inviting option from the members who had contributed on higher wages exceeding the statutory wage ceiling of Rs.6500/- to divert 8.33% of the salary exceeding Rs.6500/- to the pension fund with upto date interest as declared under the Scheme of 1952. This circular further mentions about return of all such amounts that the concerned employees may have taken or withdrawn from their Provident Fund Account before granting them benefits of amended Scheme of 1995.
4. Based on the aforementioned Circular dated 23.3.2017, the petitioners applied for revision of their pension and accordingly, pension payable to the petitioners stood revised after obtaining additional contribution from them, which was deposited by petitioners with respondent -EPFO. Thereafter, petitioners had been receiving revised monthly pension, however, respondent -EPFO vide order impugned cancelled the revised PPO which was issued in favour of respective petitioners and have reduced monthly pension which the petitioners were earlier getting.
5. Learned counsel for petitioners submits that case of petitioners is covered with the decision of Hon’ble Supreme Court in case of R.C. Gupta (supra) wherein Hon’ble Supreme Court has considered that pre-amended provision under Clause 11 (3) of the Employees Pension Scheme which provides no ceiling limit to submit option and further considered that the Scheme of 1995 is a beneficial scheme and therefore, benefit is to be extended. It is also contention of learned counsel for petitioners that initially amount @ 12% is deducted from the salary of petitioners and 12% of actual salary is also contributed by employer. After coming into force of amended provisions and decision in case of RC Gupta (supra), respondent No.-EPFO issued a circular asking the employees to submit their option for pension under the Scheme of 1952. Accordingly, petitioners submitted option before the employer along with declaration which was forwarded by the employer to respondent- EPFO. Petitioners were accordingly paid higher pension and arrears of pension from the date of exit from membership. He further contended that by impugned order/letter respondent -EPFO has again asked the petitioners to submit documents or certificates showing that they have given option i
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