Extracted from the PDF above. The PDF is authoritative.
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.9063 of 2025
ORDER:
The present writ petition is filed seeking the following relief:
“ to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus by declaring the inaction of the respondents in payment of Joint Option for Pension on Higher Wages in respect of Sri Akella Sri Rama Somayajulu UAN No.100069929416/Joint option acknowledgement No. 23030204412500073 4421, as wholly illegal, arbitrary, unjust, contrary to law and in violation of Principles of natural justice and consequently, to direct the respondents to consider the representation, dated 28.02.2023, of petitioner to consider his Joint Option for Pension on Higher Wages in favour of petitioner UAN No 100069929416/Joint Option acknowledgement No. 230302044125000734421 in the interest of justice and to pass….”
2. Petitioner, who is employed with 5th respondent, is having Employee Provident Fund Account No.1659, and in terms of Para.26(6) of the Employee Provident Fund Scheme, 1952, has been contributing his share. Petitioner stated to have submitted joint option form as required under pre-amended Para.11(3) and amended Para.11(4) of the Employees Pension Scheme, 1995 for claiming benefit on actual salary i.e. exceeding statutory wage limit. That petitioner has contributed Rs.15,000/- every month towards his contribution. Petitioner has made representation, dated 28.02.2023, for making him eligible for drawing pension on the basis of his actual salary/wages instead of being based on statutory wage ceiling as declared by the EPFO. The said
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representation is not considered. Being aggrieved thereby, he preferred the present writ petition.
3. Heard Sri K.Gani Reddy, learned counsel for the petitioner and Sri J.U.M.V.Prasad, learned standing counsel, appearing for respondents 1 to 4 and Sri Md.Saleem, learned counsel for the 5th respondent.
4.
Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider and dispose of petitioner’s representation, dated 28.02.2023.
5. Sri J.U.M.V. Prasad, learned standing counsel, appearing for respondents 1 to 4, would submit that the respondents have sought for clarification from the 5th respondent on the contribution and entitlement of the petitioner, for which, in turn, the 5th respondent by letter, dated 20.02.2025, reverted back with necessary instructions, therefore, the respondents are in the process of settling the grievance of the petitioner.
6. In view of the aforesaid submissions, having regard to the fact that the respondents are ceased of the matter, in pursuance to the petitioner’s representation, dated 28.02.2023, the writ petition is
disposed of with the consent of both the learned counsel, by directing the respondents 2 to 4 to consider the petitioner’s representation, dated 28.02.2023 and pass appropriate orders, within a period of six weeks
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from the date of receipt of a copy of this order, strictly in accordance with law.
7. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date:25.04.2025. cs