1 2026:CGHC:19884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7393 of 2024 Virendra Kumar Saxena S/o Late Dr. Hari Prasad Saxena Aged About 68 Years R/o D-268, M.R. Colony Tagore Nagar Bilaspur Cg State --- Petitioner(s) versus 1 - Central Board Of Trustees Employees Provident Fund Office Through The Regional Provident Commissioner Pandri Raipur Raipur District - Cg State 2 - The Regional Provident Fund Commissioner Employees Provident Fund Office Pandri Raipur Cg State --- Respondent(s) WPS No. 7998 of 2024 Satya Prakash Verma S/o Shri S. N. Verma Aged About 69 Years R/o House No. 414, Juhi Kusum Villa, Ring Road No. 1, Telibandha, Raipur, District- Raipur, C.G. Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.05.02 17:32:44 +0530 2 ---Petitioner(s) Versus 1 - Employess Provident Fund Organization Through Commissioner, Regional Office, Block-D, Scheme-32, Indira Gandhi Commercial Complex, Pandri Raipur, District Raipur, C.G. 2 - Chhattisgarh State Co-Operative Dairy Federation Through Its Managing Director, Urla, Post B M Y Charouda, District- Durg, C.G. 3 - Additional Central Provident Fund Commissioner (M P C G) Employees Provident Fund Organisation, Zonal Office- Bhavishya Nidhi Bhawan, 59 Arera Hill, Bhopal, District- Bhopal, M.P. --- Respondent(s) WPS No. 7452 of 2024 Nilambar Nayak S/o Shri Rupchandra Nayak Aged About 71 Years R/o Village Futguna, P.O. Gadbeda, Tahsil Pithora, District : Mahasamund, Chhattisgarh ---Petitioner(s) Versus 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist., Chhattisgarh State. 2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh. --- Respondent(s) 3 WPS No. 7350 of 2024 J.N. Das S/o Late Jagdish Das Aged About 70 Years R/o Ward No. 10, Village - Subhashpara, P.O. Bhanupratapur, Kanker, Chhattisgarh. ---Petitioner(s) Versus 1 - Central Board Of Trustees, Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist, Cg State. 2 - The Regional Providnet Fund Commissioner Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist, Cg State. --- Respondent(s) WPS No. 7454 of 2024 Shyam Lal Gupta S/o Late Shobha Ram Gupta, Aged About 72 Years R/o Plot No. 84, Phse-I, Near Hanuman Gadi, Raj Kishore Nagar, Secl, Lingiyadih, Bilaspur C.G. State. ---Petitioner(s) Versus 1. Central Board Of Trustees, Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, District, Cg. State. 4 2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s) WPS No. 7460 of 2024 Bhagwat Prasad Khare S/o Shri Kaleshwar Prasad Khare Aged About 72 Years R/o Padavpara, Near Durga Pandal, Kargiroad, Kopta, Bilaspur, Chhattisgarh. ---Petitioner(s) Versus 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist., Chhattisgarh State. 2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh. --- Respondent(s) WPS No. 7461 of 2024 Vijay Kumar Verma S/o Late B.P Verma Aged About 70 Years R/o H. No .N /8(1) Anjanee Vihar Colony, Chantidih, Science College Road, Bilaspur, Cg State. ---Petitioner(s) Versus 5 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist- Cg State. 2 - The Regional Provident Fund Commissioner, Employees, Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s) WPS No. 7466 of 2024 K.C. Sharma S/o Late Mool Chand Sharma, Aged About 67 Years R/o M- 27, Near Kirana Stores, Dubey Colony, Mowa Raipur, Cg State. ---Petitioner(s) Versus 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist. Cg State. 2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s) WPS No. 7467 of 2024 R. R. Nampalliwar S/o Shri M.R. Nampalliwar, Aged About 67 Years R/o H.No. 31/77, Godawari Madhav, Near Durga Mandir, New Shanti Nagar, Raipur, Raipur District, Cg. State. ---Petitioner(s) Versus 6 1 - Central Board Of Trustees, Employees Provident Fund Office Through The Regional Provident Commissioner, Pandri, Raipur, Raipur District, Cg. State. 2 - The Regional Provident Fund Commissioner, Employees Provident Fund Office, Pandri, Raipur, Cg State. --- Respondent(s) WPS No. 7480 of 2024 Madhusudan Verma S/o Shri Ishwar Singh Verma Aged About 71 Years R/o Indrasen Nagar , In Front Of Durga Temple, 27 Kholi, Bilaspur,dist. Cg State., ---Petitioner(s) Versus 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur Dist- Cg State. 2 - The Regional Provident Fund Commissioner, Employees Provident Office, Pandri, Raipur , Cg State. --- Respondent(s) WPS No. 7470 of 2024 Prem Ram Sahu S/o Late Bishambar Ram Sahu Aged About 71 Years R/o Village Jayashakra, Post Office Charma, Kanker (North Bastar) Dist. Kanker (North Bastar), Chhattisgarh State. ---Petitioner(s) 7 Versus 1 - Central Board Of Trustees Employees Provident Fund Office, Through The Regional Provident Commissioner, Pandri, Raipur, Raipur, Dist. Chhattisgarh State. 2 - The Regional Provident Fund Commissioner Employees Provident Fund Office, Pandri, Raipur, Chhattisgarh State. --- Respondent(s) For Respective Petitioners : Mr. K.R. Nair with Dr. Veena Nair, Advocates, Mr. S.P. Sannat, Advocate For Respondents- Employees Provident Fund Organization : Mr. Sunil Pillai, Advocate For Respondent No.2 in WPS No.7998 of 2024 : Mr. Varchasva Agrawal, on behalf of Mr. Amrito Das, Advocate SB: Hon’ble Mr. Justice Parth Prateem Sahu Order on Board 29.04.2026 1. As the issue involved in above writ petitions are inextricably interlinked, therefore, they are heard together and are being decided by way of this common order. 2. These petitions have been filed by the petitioners aggrieved by the order passed by the respondent authority i.e. Employees Provident Fund Organisation (in short “EPFO”) in respective cases whereby revised/higher monthly pension earlier fixed has been reduced without affording any opportunity of hearing to the petitioners. 3. Facts of the case, in brief, are that petitioners in WPS No. 7393 of 2024, WPS No. 7452 of 2024, WPS No. 7350 of 2024, WPS No. 7454 of 8 2024, WPS No. 7460 of 2024, WPS No. 7461 of 2024, WPS No. 7466 of 2024, WPS No. 7467 of 2024, WPS No. 7480 of 2024 and WPS No. 7470 of 2024 are the employees of Chhattisgarh State Forest Development Corporation and petitioner in WPS No. 7998 of 2024 is an employee of Chhattisgarh State Co-operative Dairy Federation. All the petitioners stood retired from service upon attaining the age of superannuation. Petitioners are covered by the Employees Provident Funds and Miscellaneous Provision Act, 1952 (for short “the Act of 1952”) and the Employees Pension Scheme 1995 (for short ‘the Scheme of 1995’). After retirement, pension of respective petitioners was fixed. Pursuant to the order passed by Hon’ble Supreme Court in RC Gupta & Ors vs Regional Provident Fund Commissioner Employees Provident Fund Organization & Ors, reported in (2018) 14 SCC 809, declaring that there was no cutoff date for exercising option for higher pension in proviso to paragraph 11 (3) of the Scheme of 1995, as it stood before the 2014 amendment, respondent -EPFO issued Circular dated 23.3.2017 inviting option from the members who had contributed on higher wages exceeding the statutory wage ceiling of Rs.6500/- to divert 8.33% of the salary exceeding Rs.6500/- to the pension fund with upto date interest as declared under the Scheme of 1952. This circular further mentions about return of all such amounts that the concerned employees may have taken or withdrawn from their Provident Fund Account before granting them benefits of amended Scheme of 1995. 9 4. Based on the aforementioned Circular dated 23.3.2017, the petitioners applied for revision of their pension and accordingly, pension payable to the petitioners stood revised after obtaining additional contribution from them, which was deposited by petitioners with respondent -EPFO. Thereafter, petitioners had been receiving revised monthly pension, however, respondent -EPFO vide order impugned cancelled the revised PPO which was issued in favour of respective petitioners and have reduced monthly pension which the petitioners were earlier getting. 5. Learned counsel for petitioners submits that case of petitioners is covered with the decision of Hon’ble Supreme Court in case of R.C. Gupta (supra) wherein Hon’ble Supreme Court has considered that pre-amended provision under Clause 11 (3) of the Employees Pension Scheme which provides no ceiling limit to submit option and further considered that the Scheme of 1995 is a beneficial scheme and therefore, benefit is to be extended. It is also contention of learned counsel for petitioners that initially amount @ 12% is deducted from the salary of petitioners and 12% of actual salary is also contributed by employer. After coming into force of amended provisions and decision in case of RC Gupta (supra), respondent No.-EPFO issued a circular asking the employees to submit their option for pension under the Scheme of 1952. Accordingly, petitioners submitted option before the employer along with declaration which was forwarded by the employer to respondent- 10 EPFO. Petitioners were accordingly paid higher pension and arrears of pension from the date of exit from membership. He further contended that by impugned order/letter respondent -EPFO has again asked the petitioners to submit documents or certificates showing that they have given option in view of pre-amended provisions of Section 11 (3) of the Scheme of 1995. He also submits that in case of The Employees Provident Fund Organization and another vs Sunil Kumar B, reported in (2023) 12 SCC 701 also Hon’ble Supreme Court has observed that exercising of option before 1.9.2014 stands crystallized in case of RC Gupta (supra) and further made observation that the Scheme as it stood before 1.9.2014 did not provide for any cutoff date and thus those members shall be entitled to exercise option in terms of Para- 11 (4) of the scheme, as it stands at present. In that decision, Hon’ble Supreme Court has extended the time to exercise option under Para 11 (4) of the Scheme by a further period of four months. As petitioners have already submitted option in the year 2018, therefore, petitioners are entitled for benefit of the observation of Hon’ble Supreme Court in case of Sunil Kumar B (supra). Hence, respondent-EPFO be directed to again revised the pension of petitioners and to pay higher pension along with arrears. 6. Learned counsel for respondent- EPFO vehemently opposes submission of learned counsel for petitioners and submits that on the date of decision in case of RC Gupta (supra) as also Sunil Kumar 11 B (supra), petitioners were not member of the Scheme of 1955 as they exited the scheme of pension after attaining age of 58 years much before 1.9.2014 as also retired from service upon attaining age of superannuation, therefore, petitioners cannot be permitted to reap the benefit of judgment of RC Gupta (supra). Hon’ble Supreme Court in case of RC Gupta (supra) does not contemplate exercise of provisions of Paragraph 11(3) of the Scheme of 1995 for a retired employee which otherwise would frustrate the real import of the proviso to Paragraph 11(3), rendering the proviso redundant. Benefit of exercise of option which is observed in case of Sunil Kumar B (supra) is only for existing members on 1.9.2014. Referring to Para 50.7 of the decision in Sunil Kumar B (supra), it is submitted that Hon’ble Supreme Court in the aforementioned decision has clarified the position with regard to status of the employees who existed the membership/ scheme or stood retired prior to 1.9.2014. He next contended that in Para 50 (7) of decision in Sunil Kumar B (supra), Hon’ble Supreme Court has clearly observed that the employees who had retired prior to 1.9.2014 without exercising any option under Para 11 (3) of the pre-amended scheme have already exited from the membership thereof and therefore, they would not be entitled to the benefit of this judgment. He also contended that according to the scheme, employee upon attaining age of 58 years exists from the scheme and on that date he is being 12 paid entire deposits along with all other benefits of the scheme. Petitioners have also been granted all such benefits after attaining the age of 58 years and they have enjoyed said benefits. He further submits that under amended para 11.4 of the Scheme of Pension, it is clearly envisaged that benefit is extended only to existing members. Referring to definition of ‘member’ given under sub-para (ix) of Para 2 of the Scheme of 1995, he pressed upon explanation appended to Para-2 (ix) to submit that employee after attaining age of 58 years ceases to be a member of pension fund and therefore, subsequent amendment though beneficial to employees cannot be extended to petitioners being ceased to be member of pension scheme and the benefit under the scheme and amended provision will be available only to existing members as on 1.9.2014. 7. He next contended that though respondent -EPFO has issued circular and given higher pension and arrears thereof, but it was due to mistake as decision of Hon’ble Supreme Court could not be understood in appropriate manner. Said mistake was subsequently corrected. He submits that misconception with regard to the provisions as also misunderstanding of decision in case of RC Gupta (supra) is only because the Division Bench of High Court of Kerala has set aside Employees Pension Amendment Scheme 2014. However, amendment brought in Employees Pension Scheme has been held to be valid in case of Sunil Kumar B (supra) 13 in Para 44 (I) by Hon’ble Supreme Court. 8. He also contended that retired employees of the Power Grid Corporation have approached Hon’ble Supreme Court for extending benefit of case of RC Gupta (supra), seeking implementation of direction given by Hon’ble Supreme Court in case of RC Gupta (supra) and upheld in Sunil Kumar B (supra), in the said proceeding Hon’ble Supreme Court has observed that the claim as made therein and the arguments to be misconceived. It is further observed that employees therein are ineligible for the reason that they had retired prior to 2014. It is also pointed out that in that case Hon’ble Court has further taken note of the fact that petitioners therein stood retired prior to 1.9.2014 without exercising option under pre-amended scheme and dismissed the applications. Case of petitioners herein is squarely covered with the aforementioned decision of the Hon’ble Supreme Court. 9. I have heard learned counsel for respective parties and perused the documents available in record of writ petition. 10. A proviso came to be inserted in Paragraph 11 (3) of the Scheme of 1955 w.e.f. 16.03.1996, whereby an option was given to the employer and employee to contribute beyond ceiling limit i.e. Rs. 6,500/- per month from the date of commencement of the scheme or from the date salary excess Rs.6500/-, whichever is later. Pursuant to above amendment, when some employees covered under the 14 Scheme of 1995 have not been allowed to exercise the option under Section 11 (3) by the provident fund authorities on the ground that the employees who want to contribute beyond ceiling were bound to exercise option within stipulated time and whosoever had not filed option within time is not eligible to contribute beyond the ceiling, they preferred a writ petition before the High Court of Himachal Pradesh, which was decided in favour of petitioner-employees therein, against which an intra court appeal was filed by the Department before the Division Bench and the order passed by learned Single Judge was set aside by the Division Bench upholding the view of the Provident Fund Authority that under the proviso to Clause 11(3) of the Pension Scheme there was a cut-off date. Thereafter the matter went up to the Supreme Court in an appeal, which came to be registered as Civil Appeal (S) No.10013-10014/2016 (RC Gupta and others Vs. Regional Provident Fund Commissioner Employees Provident Fund Organization and Others). Said appeal came to be decided on 4.10.2016 and the cut off date which was fixed by the department was set aside. Relevant paragraph of the decision in RC Gupta’s case (supra) is extracted herein below for ready reference:- “7. Reading the proviso, we find that the reference to the date of commencement of the Scheme or the date on which the salary exceeds the ceiling limit are dates from which the option exercised are to be reckoned with for calculation of pensionable salary. The said dates are not cut-off dates to determine the eligibility of the employer-employee to indicate their option under the 15 proviso to Clause 11(3) of the Pension Scheme. A somewhat similar view that has been taken by this Court in a matter coming from the Kerala High Court, wherein the Special Leave Petition (C) No.7074 of 2014 filed by the Regional Provident Fund Commissioner was rejected by this Court by order dated 31.03.2016. A beneficial Scheme, in our considered view, ought not to be allowed to be defeated by reference to a cut-off date, particularly, in a situation where (as in the present case) the employer had deposited 12% of the actual salary and not 12% of the ceiling limit of Rs.5,000/- or Rs.6,500/- per month, as the case may be. 11. Pursuant to judgment in R.C. Gupta’s case (supra), the respondent EPFO vide Circular dated 23.03.2017 invited applications for exercising option and the employees as per said judgment returned contribution received from provident fund, they also filed option, which was accepted and acted upon by respondent authorities in terms of provision of Paragraph 11 (3) of the Scheme of 1995. Respondent EPFO thereafter revised pension as well as released arrears to employees across the country. Pension payable to the petitioners herein also stood revised after obtaining additional contribution from the petitioners which was deposited with respondent – EPFO. 12. In the interregnum, respondent No.1 vide Notification dated 22.8.2014, enhanced the wage ceiling from Rs.6,500/- to Rs.15,000/- by amending Para-11 of the Scheme of 1995; deleted 16 the proviso thereto and also inserted sub-para (4) in Para-11, which reads as under:- “(4) The existing members as on the 1st day of September, 2014, who at the option of the employer and employee, had been contributing on salary exceeding six thousand and five hundred rupees per month, may on a fresh option to be exercised jointly by the employer and employee continue to contribute on salary exceeding fifteen thousand rupees per month and the pensionable salary for the existing members who prefer such fresh option shall be based on the higher salary]: Provided that the aforesaid members have to contribute at the rate of 1.16 per cent on salary exceeding fifteen thousand rupees as an additional contribution from and out of the contributions payable by the employees for each month under the provisions of the Act or the rules made thereunder: Provided further that the fresh option shall be exercised by the member within a period of six months from the 1st day of September, 2014: Provided also that the period specified in the second proviso may, on sufficient cause being shown by the member, be extended by the Regional Provident Fund Commissioner for a further period not exceeding six months: Provided also if no option is exercised by the member within such period (including the extended period), it shall be deemed that the member has not opted for contribution over wage ceiling and the contributions to the Pension Fund made over the wage ceiling in respect of the member shall be diverted to the Provident Fund account of the member along with interest as declared under the Employees' Provident Funds Scheme from time to time.” 13. As per the amendment brought to the Employees Pension Scheme 1995, which came into effect from 01.09.2014, the ceiling of maximum pensionable salary provided in Paragraph 11 (3) was raised to Rs.15,000/- per month. Proviso appended to Paragraph 11 17 (3) has been deleted with effect from 01.9.2014 and sub-para (4) is introduced in Paragraph 11 which provides that existing members as on 1.9.2014, who at the option of the employer and employee, had been continuing on salary exceeding six thousand and five hundred rupees per month, may on a fresh option to be exercised jointly by the employer and employee continue to contribute on salary exceeding Rs.15,000/- per month and pensionable salary for the existing members who prefer such fresh option shall be based on the higher salary. The option could be submitted within further period of six months, in case the authority under the Act found sufficient reasons therefor. This amendment also introduced a deeming clause whereby failure to exercise the option within the stipulated period of six months from 01.09.2014, further extended by six months on showing sufficient cause by the existing member, shall result in automatic exclusion from the benefit of higher pension, with excess contribution being diverted back to Provident Fund. 14. Issue of applicability of paragraph 11(4) of the Scheme of 1995, which came into force with effect from 01.09.2014, came up for consideration before the Hon'ble Supreme Court in EPFO & Anr. Vs. Sunil Kumar B. & Ors., (2023) 12 SCC 701. It was observed as under:- "50.4. The members of the Scheme, who did not exercise option, as contemplated in the proviso to Para 11(3) of the Pension Scheme (as it was before the 2014 Amendment) would be entitled to exercise option under 18 Para 11(4) of the post amendment Scheme. Their right to exercise option before 1-9-2014 stands crystallized in the judgment of this Court in R.C. Gupta. The Scheme as it stood before 1-9-2014 did not provide for any cut- off date and thus those members shall be entitled to exercise option in terms of Para 11(4) of the Scheme, as it stands at present. Their exercise of option shall be in the nature of joint options covering pre- amended Para 11(3) as also the amended Para 11(4) of the Pension Scheme. 50.7. The employees who had retired prior to 1-9- 2014 without exercising any option under Para 11(3) of the pre-amendment Scheme have already exited from the membership thereof. They would not be entitled to the benefit of this judgment. 50.8. The employees who have retired before 1-9- 2014 upon exercising option under Para 11(3) of the 1995 Scheme shall be covered by the provisions of Para 11(3) of the Pension Scheme as it stood prior to the amendment of 2014." 15. From perusal of above quoted portion of decision in case of Sunil Kumar B (supra) it is clear that the members of the Scheme of 1995, who did not exercise option, as contemplated in the proviso to Para 11(3) of the Scheme of 1995 (as it was before 2014 Amendment) would be entitled to exercise option under Para 11(4) of the post amendment Scheme and the employees who had retired prior to 1-9-2014 without exercising any option under Para 11(3) of the pre-amendment Scheme have already exited from the 19 membership thereof, they would not be entitled to the benefit of this judgment. In other words, all the employees who without filing option under proviso to Para 11 (3) of the Scheme of 1995 had retired prior to 01.09.2014 but have filed option after the decision of Hon’ble Court in case of R.C. Gupta (supra) are not entitled to revised higher pension. 16. Relying on the observation of Hon’ble Supreme Court in Para 46 (v) and (vi) of the judgment rendered in case of Sunil Kumar B’s case (supra), respondent -EPFO decided that the employees who retired prior to 1.9.2014 without exercising option under Paragraph 11 (3) are not entitled to higher amount of pension. Accordingly, circular dated 29.12.2022 and 20.2.2023 have been issued calling upon the employees to apply online/digitally for validation of their option. Requirements for validation of joint option are that it must contain the proof of remittance of employer’s share in Provident Fund on higher wages exceeding the prevalent wage ceiling of Rs.5,000/6500 and proof of joint option under para 11 (3) as also Para 26 (6) of the Scheme of 1955 duly verified by the employer. Since petitioner-employee, who retired prior to 1.9.2014, did not submit proof of the exercise of joint option under erstwhile para 11 (3) of the Scheme of 1995 and also proof of remittance in provident fund on higher wages exceeding the prevalent wage ceiling despite above repeated circulars, respondent -EPFO reopened the case of petitioners-employee and vide impugned order passed in respective 20 cases reduced monthly pension of the petitioners. 17. Hence, the question arises for determination in this petition is whether an employee, who retired prior to 01.09.2014, without having exercised a joint option under the proviso to Paragraph 11 (3) of pre-amendment Scheme of 1995, during his/her service, is entitled to the benefit of higher pension? 18. The Employees' Pension (Amendment) Scheme, 2014 was notified on 22.8.2014 and brought into force with effect from 01-09-2014. Effect of the amendment in 2014 was that maximum pensionable salary was increased from Rs.6500/- to 15000/-; proviso to sub-para (3) of Para 11 enabling members to contribute in excess of the contribution due on the maximum pensionable salary was deleted and a new sub-para (4) was added to Para-11 to deal with cases of existing members who had been contributing on actual salary as on 01.09.2014 by providing them an option (to be exercised in the manner prescribed) to continue to pay contributions with reference to their actual salary. 19. At this stage, it is necessary to have a look at the definition of ‘existing member’ and ‘member’ provided in the Scheme of 1995. ‘Existing Member’ is defined in Section 2 (vi) of the Scheme of 1995, which reads as under:- “(vi) “existing member” means an existing employee who is a member of the Employees’ Family Pension Scheme, 21 1971.” 20. ‘Member’ is defined under Section 2 (ix), which reads as under:- “(ix) ‘member’ means an employee who becomes a member of the Employees Pension Fund in accordance with the provisions of this Scheme: Explanation:- An employee shall cease to be the member of Pension Fund from the date of attaining 58 years of age or from the date of vesting admissible benefits under the Scheme, whichever is earlier.” 21. From perusal of explanation appended to the definition of ‘member’ given in Para-2 (ix) of the Scheme of 1995 it is clear that, an employee shall cease to be the member of Pension Fund from the date of attaining 58 years of age or from the date of vesting admissible benefits under the Scheme, whichever is earlier. Thus, it is clear that amendment brought in the Scheme of 1995 in the year 2014 by which proviso to Clause 11(3) of the Scheme of 1995 was deleted w.e.f. 01/09/2014, was in relation to the existing members i.e. those who were in still in service as on 01.09.2014 and not retired. Hence, benefit of proviso cannot be extended to any employee after 01/09/2014 if he had not exercised the option earlier and ceases to be a member of the Pension Fund. 22. In case of Sunil Kumar B (supra), Hon'ble Supreme Court, while dealing with issue of applicability of amendment made in the year 2014, has held that those employees who had retired prior to 1.9.2014 without exercising any option under paragraph 11 (3) of 22 pre-amended scheme, besides had already exited from the membership thereof, they would not be entitled to benefit of the judgment passed in R.C. Gupta's case (supra) nor they would become entitle to the pension scheme (amended) of 2014. It was further held that the existing members of the scheme or those who had not superannuated at the time of coming into force of 2014 amendment, if they had earlier not exercised option in terms of the proviso to paragraph 11 (3) of the Scheme of 1995, they would be entitled to exercise option under paragraph 11 (4) of the post amended scheme. 23. Recently, in Writ Petition (Civil) No.97 of 2025, parties being Powergrid Retired Employees’ Association (PREA) vs Union of India and others, decided on 19.3.2025, Hon’ble Supreme Court has reiterated that the employees, who retired prior to 01.09.2024 without exercising their option under paragraph 11(3) of the pre- amendment scheme, are not entitled to the benefits of amendment brought in 2014. 24. In case at hand, from the pleadings and submissions made on behalf of respective parties, it is clearly appearing that the petitioners herein retired before 01.09.2014 without exercising the option under Para 11 (3) of the Scheme of 1995. Para 11 (3) of the Scheme of 1995 which relates to joint option for higher contribution for pension funds stood deleted w.e.f. 1.9.2014. Petitioners submitted option 23 admittedly only after decision in case of R.C. Gupta (supra), in the year 2018. Para 11 (4) of the Scheme of 1995, introduced on 1.9.2014, provides that fresh option shall be exercised by the existing member within a period of six months from 01.09.2014. Petitioners also failed to produce any material before the respondent department or this Court indicating that petitioners submitted option being member under the Scheme or prior to 1.9.2014, under Para 11 (3) of the Scheme of 1995 and pursuant thereto, there was remittance in pension fund on higher wages exceeding the prevalent wage ceiling of Rs.5000-6500/-. Thus, in the considered opinion of this Court, withdrawal of benefit of higher pension of the petitioners on the ground that they had retired prior to 01.09.2014 without filing their option, does not call for any interference in light of decision of Hon’ble Supreme Court in cases of Sunil Kumar B. (supra) and Powergrid Corporation (supra). 25. For the foregoing reason and discussions, in the considered opinion of this Court, the writ petitions have no merits, the same are liable to be and are hereby dismissed. Sd/- (Parth Prateem Sahu) Judge Praveen