Allow option for higher pension sans proof: Kerala HC

KOCHI: The Kerala high court on Wednesday ordered the EPFO to allow employees to contribute towards higher pension without insisting on proof of having chosen it before, as specified in the scheme.
Justice Ziyad Rahman AA directed in an interim order that the EPFO and the authorities under it should for the time being make adequate provisions in their online facility to enable the employees or pensioners to furnish options in tune with the directions of the Supreme Court, without producing copies of the option selected under para 26(6) of the Employees Provident Fund Scheme, 1952.
The Kerala high court directed that alternative arrangements, including permission to submit hard copies of the options, should be made or granted if appropriate modifications cannot be made in the online facility. Necessary arrangements should be made within 10 days, the court ordered.
Abatch of petitions filed by employees who had paid higher contributions but had not formally chosen or were not asked to choose a higher-payment option is being considered by the court.
In Wednesday’s order, the court said the petitioners have established a prima facie case, warranting an interim order. The balance ofconvenience also favours the petitioners, the court noted. There cannot be any dispute that if they are not permitted to submit their options before the cut-offdate (May 3), they would be deprived of their opportunity to claim the benefits of the Supreme Court’s judgment forever, the HC said.
The top court had allowed last year an opportunity for eligible employees to opt for higher pension from employees’ pension scheme.
Another bench of the high court ordered extending to 50 new petitioners the benefit of its earlier interim order not to reduce or stop the provident fund pensions of those who have approached the court.
The HC had issued an interim order on March 1 asking the EPFO not to curtail, limit, or stop the pension that was being received by the petitioners before the court until further orders.