Shri Veerabhadra Rao AIP AIGETOA, Shri Ravi Shil Verma AIC AIGETOA met PGM (CA), BSNL CO in the morning hour itself and apprised him about the latest developments on the EPF Higher pension issue. We apprised him about the latest circular of EPFO which mandates receipt of joint undertaking Form 26(6) from employee and employer. We requested him to issue the directions to circle in this regard and also instruct them to furnish a copy to the employee who can further submit the same at EPFO Portal. PGM CA appreciated the concern and immediately directed his team to issue the instructions by today itself.
BSNL CO issued instructions to all circle heads regarding furnishing of the certificate under Para 26(6) for exercising option for higher pension under EPF.
The process of certificate generation is as below :
Employees who were members of EPF before 01.09.2014 and are presently working:
The certificate shall be auto generated by the employee himself/herself through ESS login of the employees using TAB” EPFO Certificate”.
For Employees retired before 01.09.2014 & For Employees who were members of EPF before 01.09.2014 and retired on or after 01.09.2014:
In order to facilitate timely settlement of higher pension cases, any DDOs i.e. The SSA Payadmins or Circle Payadmins may generate the Certificates in SAP using T Code “ZHR_EPFP_CERTIFICATE” and inputting the pernr of the retired employee whose certificate is required to be generated. The retired employee may get the same from nearest BSNL office.
In line with the suggestions of AIGETOA in the online meeting which was represented by Shri Ansal Mohmmad who is one of the pioneers in the EPF case along with Shri Saheer and other AIGETOA Kerala members and subsequently conveyed by our letter dated 17th April 2023, CA section of BSNL CO has issued guidelines to Circles for issuance of Joint Undertaking and a certificate in lieu of PARA 26(6) OF EPF Scheme WHICH HAS TO BE USED BY the employees of BSNL while opting higher pension in EPFO website. BSNL is stating that deductions have been made and deposited on full Basic and DA to EPFO. This will ensure that willing persons can fill up the higher pension option at EPFO Portal.
Earlier AIGETOA CHQ Team and BSNL Officials also visited EPFO and held discussions on the methodology to be adopted. Thereafter this letter has been issued by BSNL CO to circles.
This has come out in persuasion to KERALA HIGH COURT JUDGEMENT DATED 12th April 2023 wherein AIGETOA is a petitioner and is result of continuous persuasion by Team AIGETOA with management and concerned section.
We are thankful to BSNL Management and PGM CA for taking necessary action in timely manner in the interest of BSNL executives.
A meeting was held by BSNL Management with all unions and associations today at 16:00 Hrs wrt submission of EPF Higher Pension. On behalf AIGETOA, the meeting was attended by Sh Ansal Mohammed along with President AIGETOA Sh Veerabhadra Rao.
In line with our earlier discussions, it is informed that BSNL will be giving a certificate stating the compliance of para 26(6) and the contributions made there of to each employee so as to enable the aspirants to upload along with the enhanced pension option online link. The certificate and undertaking will be made available through ESS portal within a week. It is also a matter of pride that Dir HR has mentioned about recent judgement by Hon’ble HC Kerala and its relevance which was fought by AIGETOA and it’s OBs. We have also submitted the clearance on EPF act -1952 (where para 26(6) is applicable) and EPS-1995 scheme where the 11(3)/11(4) enhanced pension option is envisaged and in line with Hon’ble SC Judgement dated 4/11/2022. Association submitted that to make full proof on the 26(6) matter, the joint option signed by employee and employer also may be submitted to respective RPFCs and a copy of the same may be made available for employee to submit along with the higher option along with the certificate by BSNL. This can be done as per Hon’ble HC Kerala judgement on WP(c) 13120/2015 and connected cases where BSNL employees are also parties, directed to EPFO that the options on 26(6) need to processed without insistence on a date.
It’s a great pleasure for AIGETOA to inform you all that, Now all EPF/EPS enrolled Employees can exercise their joint option under para 11(3) and 11(4)of EPS -1995 for full pension in the online link.
EPFO made the changes as per verdict of Hon. High Court of Kerala Judgment on Saheer S V Union Of India WPC (C) 8979/2023, and AIGETOA the recognised executive association (through WPC 11554/2023) to modify the online mechanism pertain to 26(6) approval with in 10 days from the order else collect the of physical options. Accordingly EPFO now modified earlier mandatory field of approval of 26(6) made as non mandatory, so that all interested eligible EPS-1995 enrolled persons can submit their option successfully.
It is a pride moment for AIGETOA and employees in BSNL that, we the employees of BSNL made it possible to overcome the hindrance created by EPFO.
AIGETOA soon will be calling General Meeting for all to explain the modalities for submission and till then all are advised to get ready EPF option documents/dates and don’t Submit the option and may just Save the same in the option link if needed.
We thank entire AIEGTOA Kerala Team for Favorable decision in EPF Higher Pension Case. AIGETOA as representative association of BSNL is direct party in the case vide connected matter 11554/2023. Hence these landmark order which will pave the way for opting higher pension in EPF for all BSNL Recruits. The order is applicable to all the BSNL employees.
In the cases filed by Shri Saheer & Ors, AIGETOA – Hon’ble HC Kerala made Interim direction to EPFO to make arrangements for acceptance of Higher Pension Options without insistence on 26(6) approval through Online Or to accept the physical forms ( incase online form modification not possible) within 10 (Ten) Days from today.
This landmark Interim direction will help all the employees who are working/ eligible as per Hon’ble SC , Judgement to submit the higher pension option as envisaged.
Now it’s upon to BSNL management to facilitate the modalities for submission of physical forms at the earliest. Once again it’s proved that AIGETOA and it’s office bearers are the people who are the real fighters for the benefit of BSNL & employees.
AIGETOA is a direct party in the case.
Today (10th April 23) further detailed arguments held at Hon’ble High Court, Kerala on the writ petitions filed by Shri Saheer &, Ors, AIGETOA Vs GOI, EPFO & BSNL on the need of 26(6) approval alongwith the online enhanced pension option processor. The heated arguments lasted about 1hr 20 minutes where Sr. Counsels from employees side (represented by Shri Saheer & Ors, AIGETOA & Ors ) and EPFO side were present. Our advocates placed all the relevant documents and the deliberations gone through all the nitty gritty part of HonSC Judgement dated 4/11/22, RC Gupta judgement, Sasikumar Judgement etc . Our legal team had placed various circulars from EPFO and strong arguments in support of employees due rights. The point matter on Unexempted organizations ( BSNL ) also referred specifically.
Hon’ble Bench (this was the 4th sitting on the matter) was very much concerned about the employees right to submit the options and made comments against on EPFOs stand on 26(6) approval submission.After strong arguments from our counsels Hon’ble Bench posted the case for orders on 12/04/2023. Final concluding remarks to EPFO was that they can submit suggestion if any on positive side , so that how to allow employees to submit the option under 11(4) without obstructions. Let’s hope for the positive outcome. AIGETOA and its team is a firm believer in appropriate action at the appropriate point of time and accordingly, we went through the actual process to be followed through legal way.
Today 23.03.2023 detailed arguments held on the need of 26(6) approval submission along with EPF Enhanced Pension Option collection. Our counsel placed that the 26(6) option can be submitted without insistence of date as per earlier judgement on WPC 13120/2015 & Connected cases where our Kerala team along with 504 applicants were direct petitioners. The Counsel from EPFO requested for a time till next Thursday so as to get seek clearance on the same by EPF Head office.
The hearing is posted for 31.03.2023
As updated by AIGETOA earlier, the next hearing of the case filed by AIGETOA Kerala Circle Chairman Shri S Saheer & Others is listed for today (23.03.2023) at Hon’ble High Court of Kerala.
This hearing already got national importance which explore the clarification of 26(6) approval incase of those employees & employers who were already contributing to the tune of full wages to EPFO along with administrative charges from date of appointment/enrollment.
The BSNL Recruited Employees, Employees of other firms irrespective whether Executives or Non Executives, Casual or Contact Labour’s are eagerly waiting for the outcome of the same.
Let’s hope for a positive outcome.