The Kerala High Court has issued a notice to the Union government and the Regional Provident Fund Commissioner (Pension) on a writ petition challenging the requirement to furnish proof of having paid higher provident fund contribution under para 26 (6) of the Employees Provident Fund Scheme by the employees for getting higher pension.

In a writ petition, Sh Saheer S and other 19 employees of the BSNL in Kerala contended that the High Court had held in the Sasikumar case that employees were entitled to exercise option stipulated by para 26 (6) of the EPF Scheme without being restricted by a date.

The EPFO could not exceed what has been directed by the Supreme Court and therefore the link released with regard to the option under para 26 (6) should be disabled or corrected as otherwise none of the employees/employers would be able to exercise the option under para 11 (4) of the pension scheme.

The writ petition filed by Shri S Saheer & Others Vs GOI & EPFO came for hearing at Hon’ble HC, Kerala on 15/3/2023. As informed earlier, the Writ petition sought the clearance for the BSNL employees on the approval pertain to 26(6) and further processing on 11(3)/11(4) as needed for EPF enhanced pension.

The detailed arguments happened for about 30 mins and our advocate argued so as to enable the employees to file online application for higher pension. The Sr. Council from EPFO argued for disposal of our writ petition, but on detailed arguments Hon’ble Bench posted the case to 23/03/2023 with direction to respondents to submit their pleadings. We are hopeful for a positive outcome which will help the eligible employees to submit the options soon.

AIGETOA CHQ Representatives along with BSNL representative visited EPFO HQ and met higher level officers in respect of problems faced by BSNL officials due to mandatory uploading of Joint option under para 26(6) of EPF scheme while filing higher option on EPFO portal.

We requested them to settle this problem by way of clarification so that we can opt higher pension within due date. We also handed over BSNL letter dated 10th March 2023 and request them to do the needful on urgent manner.

They told that matter is under active consideration and it will be resolved shortly.

As per request of AIGETOA vide it’s letter dated 09.03.2023, BSNL Management takes up the matter with CPFO. We assure one and all that AIGETOA is following all the developments and will take all necessary actions to ensure that the Higher pension option to all the willing executives is extended.

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AIGETOA writes to CMD BSNL for immediate intervention on the clarification of permission from CPFC/RPFCs for allowing the BSNL Recruited Employees contributions above the statutory prescribed limit in light of various directions from Hon’ble Apex Court/ Hon’ble HCs.

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Online Application form for joint options – Joint options under erstwhile para 11 (3) and para 11 (4) of EPS 1995 for employees who were in service prior to 1st September 2014 and continued to the in service on or after 01.09.2014 but could not exercise joint option under erstwhile provision to para 11 (3) of EPS 1995 to be exercised on or before 3rd May 2023.

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As committed in our agenda meeting held on 22.02.2023, BSNL CO issued instructions in compliance of orders contained in Para 44 (iii) & (iv) read with Para (v) of Hon’ble Supreme Court Judgment dated 04.11.2022 in the matter of Special Leave Petition (C) Nos. 8658-8659 of 2019.

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BSNL CO issued instructions to the all field units for correction in employee data in EPFO portal. Refer to the FAQ as in Annexure-A & B.

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Team AIGETOA consisting of Chairman Shri Ravi Shil Verma, All India President Shri Veerabhadra Rao, GS Shri Pavan Akhand and FS Shri Badri Kumar Mehta and JS Central Shri R N Mishra met Sr GM CA BSNL CO and requested for immediate endorsement of the order. BSNL CO has not only endorsed the order to circles but also has written to RPFC for immediate guidelines and clarification with respect to the process required to capture the same. We extend our sincere thanks to Sr GM CA Shri Surajit Mandol for his immediate action on the matter.

Click here for BSNL Endorsement of EPFO Circular

Click here for BSNL letter to RPFC