The entitlement to exercise an option for higher pension contributions under the Employees' Provident Fund Scheme is governed and settled by the principles laid down in Sunil Kumar B & Others v. The Employees Provident Fund Organisation & Another.

JUDGMENT

Dated this the 18^th day of May, 2026 The writ petition is preferred seeking the following reliefs:

(i)Declare that Petitioner is entitled to exercise option along with the employer in terms of the EPF Scheme without being restricted in doing so by the insistence on any artificial cut-off date, and that not permitting /

acting upon the same is illegal and unjust;

(ii)issue a writ of mandamus or such other appropriate writ, direction or order directing the respondents to confer the Petitioner with all the benefits applicable to him without reference to the Employees' Pension (Amendment) Scheme, 2014.

(iii)issue a writ of mandamus or such other appropriate writ, direction or order directing the respondents to accept joint option concerning the Petitioner and to permit remittance of contribution to employees' pension fund on the basis of his actual salary without any ceiling limit so as to make him eligible for enhanced pension;

(v)issue such other appropriate writ, direction or order as deemed fit by this Honourable Court in the interest of justice, considering the facts and circumstances of the case; and (vi)direct the respondents to pay costs to the Petitioner.

2. When the matter is taken up for consideration today, the learned counsel appearing for the respondent Employees' Provident Fund Organisation submitted that the issue involved in the writ petition is covered by the judgment in The Employees Provident Fund Organisation & Another Etc. v. Sunil Kumar B & Others Etc. [2022 (7) KHC 12]. Hence, the prayers sought in the writ petition shall be considered in the light of the settled legal position in The Employees Provident Fund Organisation (Supra)

In such circumstances, the writ petition is disposed of.

The respondents shall consider the prayers sought in the writ petition within a period of four months from the date of receipt of a copy of this judgment.