The Employees’ Provident Fund Organisation (EPFO) was recently prohibited by the Delhi High Court from taking any coercive action in relation to the notices it had sent to various retirees in order to make recovery of the difference amount on higher pensions they had earned over a long period of time.
In response to the petitions filed by four retirees who, following their superannuation from various organisations, were receiving higher pensions than allowed based on the alternatives sought by EPFO in 2018/19, Justice Rekha Palli issued the temporary injunction.
The pensioners contested the EPFO’s February 20 email ordering all Regional Provident Fund Commissioners to take action to halt greater pensions for all people who retired before September 1, 2014, without providing any opportunity for higher pensions before their retirement.
As a result of their options for greater pensions, the pensioners also contested the orders issued by the authorities on May 1 directing them to refund the differential amount they got towards pension beyond the ceiling level.
The pensioners made the argument that the authorities could not have misinterpreted the Supreme Court’s ruling in Employees Provident Fund Organisation & Anr. Etc. v. Sunil Kumar B. & Ors. and reopened their cases after they had already given them the option to choose a higher pension, which was duly exercised.
It was further submitted that similar petitions were made before Kerala High Court, Punjab and Haryana High Court and Himachal Pradesh High Court whereby interim orders were passed and EPFO was asked to maintain status quo as extant on 01.01.2023.
Issuing notice in the plea, Justice Palli noted that the authorities did not deny that the interim orders directing them to maintain status quo have been passed by the High Courts in question.
It stated that the interim directives will be subject to any clarification by the Supreme Court of its ruling in Sunil Kumar B case. The matter will now be heard on September 2.
Written By- Aditya Singh, College Name- Army Law College, Pune, Semester- 2nd Semester Student an intern under Legal Vidhya
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