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2026 Supreme(Online)(Ker) 30268
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. Manoj, J
Ajith Kumar V – Appellant
Versus
Regional Provident Fund Commissioner – Respondent
WP(C) NO. 1362 OF 2021
Important Points
Subject
Service Law - Pensionary Benefits
Act Referred
Headnote
For the Appellants/Petitioners: Rajesh Nair, K. Balachandran, Bijoy Chandran, Nikhil Viswam
For the Respondents: S. Prasanth
| Table of Content |
|---|
| 1. petitioner seeks declaration for higher pension contribution options. (Para 1) |
| 2. application of settled law from precedent to settle pension disputes. (Para 2) |
JUDGMENT
Dated this the 18th 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.
