Kandukuri Prabhakara Viswanadham v. 1. The Employees Prcvtdent Fund Organisation' [\Iinistrv of Labour and

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fiied therewith' the High Court may be pleased to issue writ or order or direction in the nature of Writ of Mandamus or any other appropriate writ or order or direction' declaring the actions of the official Respondents :n not processing the Petitioner,s Application for Higher pension (i e. Jcint option Form in Employee Provident Fund organisation Portal) dated 30t0412023 vide Acknowledgement No, 23043014553101 1:i9664,1 by considering and taking into account the physical submission of ced.ified wage details of the Petitioner for the period of his service wilh M/s Jharkhand lntegrated Power Limited made by its Parent Company M/s Reliaqce Power Limited on 22to112025 to the Respcndent No,2 as valio, appropriate and timely andtheoniineapprovalsprovidedbyallothererstwhileemploversaSreflectedon the EPFO Portal as being violative of Article 14' 1 I (1) (g) and Article 2'1 of the constitution of lndia and consequently to direct the of'ficial respondents to processthePetitionelsApplicationforHigherPension(i.eJointoptionFormin EmployeeProvtdentFundorganisationPortal)dated30l04l:2-o23vide Acknowledgement No. 230430145531011396641 and further do all necessary actions consequent. |.A.NO:1 OF 2025 Petition Under Section 15'l cPC praying that ln the c'Tcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.'1-4 to consider the Petitioner's Representation dated 15t0412025 Counsel for the Petitioner : SRI PARIKSHITH KUTUR Counset for the Respondent Nos.'l & 3 : SRI G.VENKATESHWARLU, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2, 4 & 5 : -- The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA 1IIRIT PETITION No.236O1 OF 2025 ORDER:-

1. This Writ Petition is hled seeking an order in the nature of Writ of Mandamus declaring the action of respondents in not processing the petitioner's application for higher pension (i.e., Joint option form in Employee Provident Fund Organization Portal) dated

30.O4.2023 vide acknowledgment No.23043O 1455310 1 1396641 by considering and taking into account the physical submission of certihed wage details of the petitioner for the period of his service with M/s.Jharkhand INtegraetd Power Limited made by its parent company M/s.Reliance Power Limited on 22.07.2025 to the 2,d respondent as valid and consequently to direct the respondents to process the petitioner's application for higher pension.

2. Heard learned counsel for the petitioner as well as learned counsel for respondents. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner had a long and unblemished service career of 32 years from September 1987 to September 2019. He was initially served with NTPC limited in various projects from September 1987 to April 2008 and subsequently with Reliance ADAG group in different group of companies from May 2008 to September 2019 until his retirement. During his tenure with M/s.Reliance ADAG group, he 2 .qt!!G- .!. : worked in different special purpose vehicles viz., Coastal hndhra Power Limited, Crest Logistics and Engineer-s Limite<l- and Jharkhand Integrated Power Limited. The petitioner, thror.rghout his employment, was a member of trmployees Provident Fund Organization and consistently contributed to the Provident Fund without any ceiling till September, 201.9. It is subrailted that as per the judgment of the Hon'ble Supreme Cou:-t in trmployees Provident Fund Organisation Vs.Sunil Kumar B. & Ors. in SLP(C)Nos.865B 8659 of 2Ol9 and the subsequent trPFO Cjrcular No.Pension/2o22/56259/ 16541 dated 2O.O2.'2O23 issued by respondent No.1, the petitioner, being eligible, exercised op[ion for highcr pension via EPFO portal on 3O.O4 .2023 by upkrading service details along with PF codes in EPFO portal for approval of erstwhile employers in terms of circular and the petitioncr,s application was acknowledgment under l\cknowledsmcnt No.23043014553 1011396641. On observing the track rjtatus report, the Jharkhand Integrated Power Limited (JIPI-) I'rad not yet approved the application of the petitioner on their EpFO portal. When the petitioner verified as to why his application wa.s not approved, it was informed that on 1O.05.2O18, the JIpL \4ras taken over by Jharkhand Urja Vikas Nigam Limited ancl due to lrr.ck of digital authorization, M/s. Reliance Power Limitec. v'as unable to approve the petitioner's application. However, M/s.Reliance power Limited submitted the application of the petitioner in physical 3 format on 22.O1.2025 to the 2"d respondent requesting them to consider and approve the same and the said physical submission was made well within the deadline of 31.OI.2O25. Subsequently, on 23.07.2025, the petitioner raised a grievance on Government of India's Pension and Grievance Portal appealing to the ofhcial respondents to consider the physical submission made by M/s.Reliance Power Limited. The respondents 1 to 3 responded to the grievance of the petitioner and had given reply stating that the ..... The task of approuaL of the application which is submitted by member has been assigned to emploger bg uploading uages details of the member. This office has seueral times extended time limits for submission/ approual for member/ employer respectiuelg, and frnallg upto 31.01.2O25. Thi,s office has released press notice and aLso informed through mail/ SMS to member/ emploger by giuing ltst of pending applicotions for approual. Separate u.tebinars are also conducted for emplogers for awareness and guidelines in this matter. Houeuer, it is further to inform that the time limit to submit the application is ouer."

4. Based on the reply given by the 1"t respondent, the petitioner preferred an Appeal vide Appeal No.MOLBR/C lAl25lOOO3l7O dated 15.03.2025 it the Government of India's Pension and Grievance Portal. On 28.03.2025, the official respondents closed the Appeal on the same grounds as mentioned by 1"t respondent in \8F?&*!fr 4 his reply. Aggrieved by the said linding, the petrtioner preferred the present Writ Petition.

5. Learned counsel for the petitioner submits that the petr.tioner exercised his option for higher pension via EPFO portal rvell within the time, but the respondents failed to consider- the same and hence prayed to a11ow the writ petition directing th,: re5porr6.rr,",o consider the case oI the petiLioner. 6 - On the other hand, learned counsel lbr resporLdents submitted that the respondent authorities havr: several times extended trme limit for submission of wage details of the member/employer respectively and also informed about the same through mail/SMS, but the petitioner failed to submit the same and therefore, his application was rejected.

7. As pcr the response given under Appeal No. MOLBR/ClA/25lOOO3I7O, the Government of Indra's Penslon and Grievance Portal has closed the Appeal preferred by the petitioner on the same grounds as stated by respondent No.1 in his reply. Pursuant to the same, the petitioner again submitted a representation dated 15.O4.2025 to the 2"d respondent requ(:sting to process the Joint Option for Higher pension which was submitted by the petitioner through online an,l the sarne is pending consideration. 5

8. In view of the facts and circumstances explained above, this Court hereby directs the respondent authoritics to consider thc representation of the petitioner dated 15.04.2025 and pass appropriate orders in accordance with law as expeditiously AS possible and communicate the same to the petitioner well within the time

9. With the above obseruation, the Writ Petition is disposed of. There shall be no order as to costs

10. Miscellaneous petitions, if any pending, shall stand closed //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER

1. The Central Provident Commissioner Employee org anisation, tvlinistry of Labour and Employment, Bhavisya Nidhi Bhawan, 14, Bhikaiji Cama Place New 2 The Reg ional Provident Commissioner, Employees Pro dent Fund ng its Head Office at Delhi. 1 10 066 vident Fund Organisation, Bhavishya Nidhi Bhavan, 34'l , Bandra Ea st, [\ilumbai, Maharashtra 400 051 3 The Commissioner, EmPloYees Provident Fund Organisation, Having its Reg ional Office at 3 4-500, Barkatpura Road, Chitrapurr Colony, Barkatpura, Kachiguda, Hyderabad, Telangana sCA 027

4. The Secretary, Union of lncj ia, (Labour and Employment), Shram Sakti 5. The Commissioner EmPloY ees Provident Fund Organisation, Having its Bhavan, Rafr lvlarg, New De hi-'l 10 001 Reg ional Office at 3-4-500, Barkatpura Roa d, Chitrapuri ColonY, BarkatPura' Kachiguda, Hyderabad, Telangana. 50O O27 Reg istered Office at Reliance Centre, Ground Floor, 19, Walchand Hirachand I\ila rg, Ballard Estate, [l/umbai, lVlaharashtra- 400 001 One C C to SRI PARIKSHITH K UTUR, Advocate [OPUC] One CC to SRI G.VENKATESHWARLU, DEPUTY SOLIC ITOR GENERAL OF INDIA Advocate [OPUC]

6. Ivl/s, Reliance Power Limited, Having CIN No 140 1 0lMH 1 995P1C084687 7 8 9 Two CD CoPies To SA BS -Irlt'SI,.i B c ( .1: (j -) (.) \',i_\. /,' . \..1( 0 0 srp z0zl .\_:--.- HIGH COURT DATED: 1110812025 ORDER WP.No.23601 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \\ O\1\:r q