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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE (to PRESENT O HONOURABLE SRUUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12939 OF 2025 Between: I. Chandra Sekhar, S/o Late. I. Qhandra Sekhar Aged about 72 Reid. Employee R/o H.N0,79/-I, Krishna Nagar, Kurnool, Andhra Pradesh- 518002 years, Occ- ...PETITIONER >AND
1. The Union of India, Rep. by under Secretary Department of Employees Provident Fund Organization, New Delhi. 2. Chief Executive Officer, Employees Provident Fund Organization Delhi. 3. The Regional Commissioner; e'p.F.O. Regional Office Bhavishyanidhi Bhavan, Hyderabad
4. Regional Commissioner, E.P.F.O. Regional Officer Guntur A.P.
5. AP State Civil Supplies Corporation Ltd., Director IV and V floor. Corporation office H.NO. 10-152/1 Sri Sai Towers, Ashoknagar Beside Srris Company, Kanuru, Bandar Road Vijayawada - 520007, Krishna District, A.P. , Amaravathi, Rep. by its VC and Managing
■■■RESPONDENTS Petition under Article 226 of the Constituti affidavit filed the circumstances stated i he pleased to i on of India praying that in therewith, the High Court respect of I Chanrf for Pension '°APHyD0004566000ol3r No.230228 193104000575580 Principles of consider the 'ssue a writ of may the inaction of on Higher Wages i No/Member the in Account Number oint option acknowledgement as wholly illegal, arbitrary and in violation of representation dated 130^2723 'f 'o pp Hi,.., tr. " ”«• “■ Ho/Membe, lo APHynom Pe.Honer EPS APHYD00045660000000120 i. natural justice and Jo/nt Option for Account Number interest of justice. fn the i^NQ^jLOF20^ Petition stated in the under Section 15f,: epc preying that in the ci affidavit filed i pleased to direct the 02-2023 of c/rcumstances may be 'n support of the respondents to petition, the High Court consider the representation dated Option for Pension Account petitioner to '^^ges in favour /DAPHYD00045 consider his Joint 13- of on Higher No/Member acknowledgment petitioner EPS Number No. Option la the interest of justice. Counsel for the PetitioneP SRI K GANI REDDY Counsel for the deputy SOLICITOR ^he Court l^espondents No.
1 ot 4; SRI PASALA INDIA PONNA RAO, general OF toade the followi*ng Order;
APHC010232032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0*0 [3506] T-TaSr-.
■ • 0K THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO; 12939/2025 Between: I. Chandra Sekhar ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.KGANI REDDY Counsel for the Respondent(S):
1.BETHAPALLI SURYANARAYANA (CENTRAL GOVT COUNSEL)
2 HCGR,J W.P. No.12939 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“...to issue a writ of Mandamus by declaring the inaction of the respondents in payment of Joint Option for Pension on Higher Wages in respect of I.Chandra Sekhar EPS Account Number No/Member ID APHYD00045660000000120/Joint option acknowledgement No.230228193104000575580 as wholly illegal, arbitrary and in violation of Principles of natural justice and consequently to direct the respondents to consider the representation dated 13-02-2023 of petitioner to consider his Joint Option for Pension on Higher Wages in favour of petitioner EPS No/Member Account Number ID APHYD00045660000000120/Joint Option No.230228193104000575580 in the interest of justice and to pass such other order or orders....” acknowledgement Petitioner, who is employed with 5‘^ respondent, is having Employee Provident Fund Account No. 1649, 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 13.02.2023, 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 representation is not considered. Being aggrieved thereby, he preferred the present writ petition. 2. 3 g0 HCGRJ W.P.No.l2939of2025 Heard Sri K.Gani Reddy, learned counsel for the petitioner and Sri B.Suryanarayana, learned Standing Counsel, appearing for respondents 1 to 4 and Sri Md.Saleem, learned counsel for the 5"^ respondent. /
3. 4.
Learned counsel for the petitioner submits that it would suffice to direct the respondents to consider and dispose of petitioner’s representation, dated 13.02.2023.
5. Sri B.Suryanarayana, learned Standing Counsel for respondents 1 to 4, would submit that the respondents have sought for clarification from the 5**^ respondent on the contribution and entitlement of the petitioner, for which, in turn, the 5'*^ respondent by letter, dated 27.01.2025 appearing 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 13.02.2023, 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 13.02.2023 and pass appropriate orders, within a period of six (06) weeks from the date of receipt of a copy of this order, strictly in accordance with law. There shall be no order as to costs.
4 HCGR.J W.P.No.12939 oj2025 As a sequel, miscellaneous petitions, pending if any, shall stand closed.
Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// / / SECTlO^N OFFICER To
1. The Secretary, Union of India, Department of Employees Provident Fund Organization, New Delhi.
2. The Chief Executive Officer, Employees Provident Fund Organization Delhi.
3. The Regional Commissioner, E.P.F.O. Regional Office Bhavishyanidhi Bhavan, Hyderabad
4. The Regional Commissioner, E.P.F.O. Regional Officer Guntur, Amaravathi, A.P.
5. The VC and Managing Director, AP State Civil Supplies Corporation Ltd., IV and V floor. Corporation office H.NO.10-152/1 Sri Sai Towers, Ashoknagar Beside Siris Company, Kanuru, Bandar Road Vijayawada - 520007, Krishna District, A.P.
6. One CC to SRI. K GANI REDDY Advocate [OPUC]
7. One CC to SRI. PASALA PONNA RAO, DEPUTY SOLICITOR GENERAL OF INDIA, Advocate [OPUC]
8. Three CD Copies Vna (gsg)
HIGH COURT DATED:08/05/2025
ORDER WP.No.12939 of 2025 ANDT^ ^ 2 5JUL 2025 Co ntSectioaX^ ★ jsS DISPOSING OF THE WRIT PETITION