1 APHC010776332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37601/2018 Between: 1. K.V NAGARAJU, S/O K.VENKATA RAO, AGED ABOUT 62 YEARS, OCC RETIRED HELPER (RTC) R/O D.NO.29-1-19, KOTNUR, HINDUPUR, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE VICE CHAIRMAN/MANAGING DIRECTOR, ANDHRA PRADESH STATE ROAD TRANSPORT EMPLOYEES PROVIDENT FUND TRUST MSRD, BUS BHAVAN, MUSHEERABAD, A-BLOCK, HYDERABAD. 2. THE EMPLOYEES PROVIDENT FUND ORGANISATION, REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, BARKATPURA, HYDERABAD 3. THE ASSISTANT PROVIDENT FUND COMMISSIONER, ACCOUNTS OFFICER, EMPLOYEES PROVIDENT FUND ORGANISATION, BARKATPURA, HYDERABAD. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondents issued impugned proceedings No.AM(F)/IMP-Cor/2017-PF-T, dated 02-08- 2018 illegal and bad and order to revise pension taking contribution higher 2 wage basis for eligibility and sanction the Higher Pension and consequently direct the respondents grant all consequential benefits and pass such other order or orders. IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents to consider grant of Higher Wage pension basing on contribution collected from the petitioner pending disposal of the main Writ Petition and to pass such other order or orders. IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional counter affidavit by allowing the leave petition in the above writ petition and pass such other order or orders. Counsel for the Petitioner: 1. R SUJAN KUMAR Counsel for the Respondent(S): 1. T BALAJI(SC FOR EPFO) 2. RAVINDRA YANAMANDRA The Court made the following: ORDER: Learned counsel for the petitioner would submit that the petitioner is entitled for higher pension in the light of the judgment of the Hon’ble Supreme Court in “The Employees Provident Fund Organisation and another etc., 3 v. Sunil Kumar B. And others etc.1” at clauses (i), (vi) and (ix) of para No.44, wherein it is categorically held that: “(i) The provisions contained in the notification No.G.S.R.609(E) dated 22nd August 2014 are legal and valid. So far as present members of the fund are concerned, we have read down certain provisions of the scheme as applicable in their cases and we shall give our findings and directions on these provisions in the subsequent subparagraphs. ............ (vi) The employees who have retired before 1st September 2014 upon exercising option under paragraph 11(3) of the 1995 scheme shall be covered by the provisions of the paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014. ........... (ix) We agree with the view taken by the Division Bench in the case of R.C. Gupta (supra) so far as interpretation of the proviso to paragraph 11(3) (Preamendment) pension scheme is concerned. The fund authorities shall implement the directives contained in the said judgment within a period of eight weeks, subject to our directions contained earlier in this paragraph.” 2. Learned Standing Counsel for respondents fairly conceded the same and would submit that it is a covered matter in the light of the judgment of the Hon’ble Supreme Court referred supra. 3. In the light of the legal position referred supra, the petitioner is entitled for higher pension. 4. In that view, the Writ Petition is disposed of, directing the petitioner to submit a fresh application enclosing the earlier application, if any, pending with the respondent authorities. On receiving such application, the 1 2022 SCC OnLine SC 1521 4 respondent authorities will take appropriate decision in compliance of the orders passed by the Hon’ble Supreme Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.07.2025 ARR 5 226 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37601/2018 Dt.03.07.2025 ARR