IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.04.2019

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN

W.P.No.12332 of 2019 and

W.M.P.Nos.12629 & 12631 of 2019

M.N.Santharam

... Petitioner

Versus

1.Union of India,

Rep. By Secretary to Government of India,

Ministry of Labour and Employment,

Shram Shakti Bhawan, Rafi Marg,

New Delhi 110 001.

2.Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

Ministry of Labour & Employment,

Govt. Of India, Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

3.Addl.Central Provident Fund Commissioner, HQ (Pension)

Employees Provident Fund Organization,

Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

4.Regional Provident Fund Commissioner – I (Pension),

Employees Provident Fund Organisation,

Bhavishya Nidhi Bhawan,

14, Bhikaji Cama Place, New Delhi 110 066.

5.Addl.Central Provident Fund Commissioner,

Employees Provident Fund Organisation,

37, Royapettah High Road,

Chennai 600 014.

6.Regional Provident Fund Commissioner,

Employees Provident Fund Organization,

37, Royapettah High Road,

Chennai 600 014.

7.The Chairman & Managing Director,

National Buildings Construction Corporation Limited,

(A Govt. Of India Enterprises)

NBCC Bhavan, Lodhi Road, New Delhi 110 003.

https://hcservices.ecourts.gov.in/hcservices/

8.The Chairman,

NBCC EPF Trust,

NBCC Bhavan, Lodhi Road,

New Delhi 110 003.

... Respondents

Prayer: Writ Petition is filed under Article 226 of the

Constitution of India, for issuance of Writ of Certiorarified

Mandamus, to call for the records pertaining to the impugned

letter issued by the fourth respondent in No. Pension-I/

12/33/EPS Amendment/96 Vol-II dated 31.05.2017 and quash the

same and direct the respondents 1 to 6 to grant pension on

higher wages under EPS, 1995.

For Petitioner : Mr.A.Jenasenan

For Respondents: Mr.T.R.Sundaram for RR2 to 6

O R D E R

In a batch of Writ Petitions, similar to the present Writ

Petition, in W.P.No.14368 of 2018, etc., this Court passed

detailed directions in para 48 and allowed all the Writ

Petitions in para 49, which are extracted as under:

"48. In the above mentioned circumstances,

this Court consider the following directions as

expedient to resolve the issues as projected in

the Writ Petitions.

i) Both the employees of the exempted and

unexempted establishments are entitled

to the benefit of enhanced pension on

the basis of their contribution with

reference to actual salary received by

them to their Provident Fund accounts;

ii)The cut off date as prescribed i.e.

01.12.2004 is invalid in law and

therefore, the same is held to be

illegal and invalid;

iii)The employees, namely, the writ

petitioners shall be permitted to

exercise their option in terms of

Proviso to Clause 11(3) of the Pension

Scheme and while permitting so, the

EPFO is at liberty to seek return of

https://hcservices.ecourts.gov.in/hcservices/

the higher Provident Fund contribution

received by the respective employees

with simple interest at the rate of 6%

p.a. from the date of receipt of

Provident Fund amount and till the date

of payment;

iv)The amounts to be refunded by the

employees concerned shall be verified

by the EPFO in consultation with the

respective establishments in which the

employees were employed;

v) On refund of the verified amount with

interest, the EPFO shall calculate and

grant enhanced pension on the basis of

actual salaries received by the

employees with arrears of pension from

the date of their retirement and

continue to pay their monthly enhanced

pension through out their life time;

vi)In case where the refund of the amount

by any employee with interest is higher

than the enhanced pension with arrears

payable to him, the refund shall be

insisted upon and in ca