Pensioners challenge denial of higher pension; serve legal notice to Central PF Commissioner

Pensioners have served a legal notice to the Central Provident Fund Commissioner over the denial of higher pension benefits on the grounds of trust rules.

The notice states that a Madras High Court ruling directing authorities not to deny the benefits of the Supreme Court's 2022 judgment granting higher pension to EPF members on the basis of trust rules has not been implemented.

The notice was issued by Supreme Court advocate K.M. Vignesh Ram on behalf of pensioners from Bharat Heavy Electricals Limited (BHEL), NLC Limited and Tamil Nadu State Cooperative Bank. A copy has also been sent to Union Minister Jitendra Singh, who is in charge of the Department of Pensions.

According to the notice, many eligible pensioners have died without receiving the higher pension, while others continue to run from pillar to post, approaching courts to secure the benefit.

Pensioners claim contributions were based on actual salary

The complainants are employees who retired after the 2014 amendment to the EPF Scheme and had contributed to the pension fund based on their actual salaries from the time they joined service.

The pensioners argue that since their contributions were made in proportion to their actual salaries, they are entitled to a higher pension. However, their applications for higher pension, submitted in accordance with the Supreme Court's 2022 judgment, were not accepted.

The authorities cited the trust rules of the establishments as the reason for rejecting their claims, according to the notice.

The pensioners subsequently approached the Madras High Court, which passed an order in their favour. However, the notice alleges that the order has not been implemented.

'EPFO is only a trustee of members' funds'

The notice argues that the EPFO is merely a trustee of the funds contributed by its members.

The pensioners maintain that they are seeking a higher pension from contributions made from their own salaries and that the amount cannot be treated as money belonging to the EPFO.

The notice has therefore called for the Madras High Court's directions to be implemented and for eligible pensioners to be granted the higher pension benefits to which they claim they are entitled.