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CWP-34234-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

223

CWP-34234-2024

Date of Decision: February 05, 2026

Baru Ram Sharma and others

.....Petitioners

VERSUS

Union of India and others

..Respondents

CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present : Mr. Amit Sharma, Advocate for the petitioners (through V.C).

Mr. Rajesh Hooda, Advocate for the respondents-EPFO.

HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227

of the Constitution of India for issuance of an appropriate writ or order in

the nature of certiorari for calling record of the impugned order dated

04.03.2020 (Annexure P-4) denying the benefit of pension on higher wages

on account of non-receipt of permission and option submitted by petitioners

in consonance with directions issued by the Apex Court in RC Gupta’s

judgment dated 04.10.2016 (Annexure P-1) and to set aside the same.

Further praying for issuance of a writ in the nature of mandamus directing

respondent No.3 to accept the differential amount from the petitioners as per

the demand and to pay pension on higher wages as per the mandate issued

by the Apex Court in terms of RC Gupta’a case (Annexure P-1).

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2. Learned counsel for the petitioners, inter alia, contends that the

petitioners are entitled to the revision of their pension based upon the

judgment rendered by Hon’ble Supreme Court in Civil Appeal Nos.10013-

10014 of 2016, R.C. Gupta and others Vs. Regional Provident Fund

Commissioner, Employees Fund Organization and others, (Annexure P-1)

wherein it was held that all the employees are entitled for revision of

pension irrespective of the fact that such option was given during service or

not. Respondent No.1 issued instructions on 23.03.2017 (Annexure P-2) in

compliance of the aforesaid judgment (Annexure P-1). The petitioners

submitted their option for revision of pension and the amount deposited by

some of petitioners was credited back to their saving bank as discernible

from order dated 04.03.2020 (Annexure P-4). Learned counsel further

submits that petitioners had also submitted representation dated 22.12.2023

(Annexure P-5) and in response thereof a reply was received informing the

petitioners that the matter regarding grant of pension on higher wages is

pending before the Hon’ble Supreme Court and the necessary action will be

taken as per the outcome of petition.

3. On the other hand, learned counsel for the respondents submits

that the petitioners are pre-retirees of year 2014 and prior to their retirement

they have not admittedly exercised their option to join the EPS Scheme and

the controversy involved in the present case is squarely covered by the

judgments rendered by this Court in CWP-35154-2024 and connected

cases, titled as Om Parkash and others Versus Union of India and others,

decided on 24.09.2025 and CWP-32035-2025, titled as Ram Nath and

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others Versus Union of India and others, decided on 30.10.2025. The

relevant portion thereof reads as under:-

4. “Having heard the learned counsel for the parties, it

transpires that the petitioners in the present case retired before

01.09.2014 without exercising the stipulated option under

paragraph 11(3). The law in this regard is no longer res

integra and has been settled by this Court and Hon’ble Apex

Court in ‘Employees Provident Fund Organization Vs. Sunil

Kumar B’ 2022 INSC 1171 and ‘Powergrid Retired

Employees’ Association (Prea) Vs. Union of India’ Writ

Petition(s)(Civil) No(s).97-2025.

5. In view of the discussion above, the present civil

writ petition is hereby dismissed in terms of Om Parkash’s case

(supra).”

4. Moreover, the judgment passed by this Court in Ram Nath’s

case (supra), has also been upheld by a Division Bench of this Court in

LPA-3764-2025, titled as Ram Nath and others Versus Union of India and

others, decided on 24.12.2025.

5. In view of the above facts and circumstances