EPF Pension: Kerala HC Seeks EPFO’s Reply On Plea

A petition has been filed in the Kerala High Court recently contesting the need of submitting proof of having opted to pay higher Provident Fund (PF) contributions under paragraph 26(6) of the Employees Provident Fund Scheme, towards the higher PF pension.

Judge Ziyad Rahman A.A. on Wednesday has allowed the plea and given the EPFO time to submit a counter-affidavit in the matter.

According to the Supreme Court judgement, the deadline for providing the option for a higher PF pension has been extended to May 3, 2023. Nevertheless, the Regional PF Commissioner had passed an order on February 20, 2023, stating that while selecting for the higher PF Pension, proof of having decided to make the greater Provident Fund contribution would have to be submitted as per paragraph 26 (6) of the scheme.

The petition, filed by Saheer S. and twenty other BSNL workers, contends that the requirement violates the High Court judgement in P. Sasikumar v. Union of India(2018), which said that no cut-off date would be imposed in order to provide the option of remitting the higher PF contribution. It was also pointed out that the Supreme Court had not interfered in this situation concerning paragraph 26. (6).

So, it was said, the necessity of producing proof of having selected for the same could not be sought at this juncture.

The matter for further consideration has been set for March 23, 2023.