The court affirmed that pensioners are entitled to normal pension restoration under the Employees’ Pension Scheme after a 15-year commutation period, emphasizing basic eligibility criteria.

ORDER

This Review Petition is filed against the judgment dated 18.02.2025 passed by this Court in W.P.(C) No.5577 of 2025. The Review petitioners are respondents 1 and 2 in the writ petition.

2. The writ petitioners, who are pensioners under the Employees’ Pension Scheme , 1995 (for short, ‘the Scheme’), filed the writ petition for the following reliefs:-

“i. issue a writ of mandamus or any other appropriate writ order or direction directing the second and third respondents to restore normal pension, in terms of para 12B of the EPF Pension Scheme, 1995 after the date of completion of 15 years of commutation of pension.

ii. declare that the petitioners are entitled to get refund of the normal commuted value of monthly pension on completion of 15 years of commutation of pension.”

3. This Court, by the impugned judgment, directed the review petitioners/respondents 1 and 2 to restore normal pension of the writ petitioners in terms of paragraph 12B of the Scheme, after the date of completion of 15 years of commutation of pension. It was further ordered that consequential benefit shall be granted within a period of two months.

4. The review petitioners contend that restoration of normal pension is possible only if the eligibility of the writ petitioners for higher pension is decided. Such eligibility is yet to be adjudicated.

5. It is to be noted that even if an employee chooses not to opt for higher pension or even if he is not entitled for higher pension, he is entitled for normal pension if he fulfills the basic eligibility criteria of age and service.

6. The prayer of the writ petitioners was for restoration of normal pension in terms of paragraph

12B of the Scheme after the date of completion of 15 years of commutation of pension. The petitioners fulfill the basic eligibility criteria of age and service for receiving normal pension. It is to be noted that at the time when the petitioners commuted their pension, there was no provision for restoration of commuted pension after 15 years. Later, the Scheme was amended introducing paragraph 12B, which enabled restoration of commuted pension after 15 years from the date of commutation. Paragraph 12A of the Scheme was omitted from the statute book as per notification dated 26.09.2008 and subsequently inserted back w.e.f. 20.02.2020 with paragraph 12B and reads as follows:-

“12B. Restoration to normal pension in case of grant of communication:- The normal pension in respect of those members who availed the benefit of commutation of pension under the erstwhile paragraph 12A of the Scheme, on or before the 25^th September, 2008, shall be restored after completion of 15 years from the date of such commutation.”

7. No doubt, in terms of paragraph 12B of the Scheme, the writ petitioners are entitled for restoration of normal pension after the date of completion of 15 years of commutation of pension.

8. I do not find any error apparent on the face of the judgment warranting a review. Accordingly, the review petition is dismissed.