Higher pension must be restored where contributions were made on actual salary.

The petitioners were former employees of the Mandya District Co-operative Milk Producers Societies Union Ltd. who retired before 1 September 2014.

They alleged that provident-fund contributions had been made on their actual or higher salaries, but their pensions were calculated subject to the statutory wage ceiling; they further alleged that the higher-pension benefit was subsequently withdrawn.

They sought restoration or payment of pension calculated on the higher salary based on their joint options.

The Court recorded that no respondents appeared on either of the two hearing dates.

Whether the petitioners were entitled to restoration or payment of higher pension calculated on actual/higher salary, based on contributions made on that salary.

Whether any arrears of the difference in pension were payable, and whether interest should follow in the event of delayed payment.

The Court applied the Employees’ Pension Scheme, 1995, in the context of contributions made on actual/higher salary and joint options for higher pension.

It followed the reasoning in its earlier decision in W.P. No. 27440/2024 and connected matters, which held that where higher contributions had reached the fund while the employees were members of the Scheme, the timing of the option—during service or after retirement—did not alter the entitlement in the circumstances considered; the earlier decision also relied on R.C. Gupta and Sunil Kumar B.

The petitioners’ pleaded circumstances—contributions on actual/higher salary and claims concerning joint options and higher pension—were treated as materially similar to those considered in W.P. No. 27440/2024 and connected matters.

Following that decision, and with no submissions from the respondents, the Court directed restoration and payment of higher pension based on the actual/higher-salary contributions.

Any arrears of the difference in pension are to be paid within three months; arrears unpaid within that period will carry interest at 6% per annum from the date of the order until payment.

No order as to costs.