EPFO must accept joint options for higher pension, subject to remittance of differential contributions with interest.

The petitioners challenged the Regional Provident Fund Commissioner-II’s order dated 17 February 2025 rejecting their joint option for higher pension under the pre-amended Paragraphs 11(3) and 11(4) of the Employees’ Pension Scheme, 1995.

They sought acceptance of the option, permission to remit or adjust the differential contribution, and re-fixation of pension based on actual wages.

They contended that their case was covered by the Madurai Bench’s decision in W.P.(MD) No. 29573 of 2024 and connected cases, dated 2 September 2025.

The EPFO’s counsel referred to an order of the Supreme Court concerning contempt proceedings in similar matters

1. Whether the rejection of the petitioners’ joint option for higher pension should be set aside in light of the Madurai Bench’s decision in W.P.(MD) No. 29573 of 2024 and connected cases

2. Whether the petitioners were entitled to have their joint option accepted and their pension re-fixed upon remittance of the differential contribution with applicable interest

The Court applied the pre-amended Paragraphs 11(3) and 11(4) of the Employees’ Pension Scheme, 1995, concerning the exercise of a joint option for pension based on actual wages.

It followed the Madurai Bench’s decision in W.P.(MD) No. 29573 of 2024 and connected cases (2 September 2025), which directed acceptance of joint-option applications presented on or before 31 January 2025 and provided for higher pension after remittance of the differential contribution with applicable interest.

The Court found that the issue was squarely covered by the Madurai Bench’s decision and accepted the petitioners’ submission that the cases were materially alike

Although the EPFO referred to a Supreme Court order concerning contempt proceedings, the Court did not treat that submission as displacing the applicable Madurai Bench ruling.

It therefore set aside the rejection and made acceptance of the options and consequential pension fixation subject to payment of the differential contribution and applicable interest

It directed the respondents to consider and accept the petitioners’ joint option under the pre-amended Paragraphs 11(3) and 11(4), subject to remittance of the differential contribution with applicable interest, and thereafter to take consequential action to fix and disburse higher pension in accordance with the Madurai Bench’s order

No costs were ordered, and the connected miscellaneous petitions were closed