2 Answers
Dear Sir,
If your Joint Option for Pension on Higher Wages has been submitted within time, approved by your employer, and forwarded to EPFO — but the EPFO has not approved or is keeping it pending, you have legal remedies.
File Writ Petition in High Court (Most Effective Remedy)
If EPFO arbitrarily refuses or keeps pending, you can file:
Writ Petition under Article 226 of Constitution of India
Grounds:
Violation of Supreme Court judgment
Arbitrary administrative action
Legitimate expectation
Violation of Article 14 (Equality)
High Courts across India have already granted relief in similar matters.
Dear client,
Your case falls under the Supreme Court of India’s ruling that eligible employees shall be entitled to higher pensions based on their higher salary as per the EPS.
As:
• You submitted the joint option form on time
• Your employer approved the joint option form and sent it to the EPFO
• For some dispute, your application has not yet been approved by the EPFO
You should take action as follows:
First, communicate with or file a complaint to the EPFO office through EPFiGMS grievance portal asking why your application is not approved and to receive a written explanation.
Second, try to find if there is any other reason for the non-approval, such as:
– Your employer did not pay the additional contribution
– There are mistakes in salary records
– There is an interruption in your service
– There is a mismatch in records
If the errors are the employer's fault, they will be required to pay the past due amounts plus interest.
Third, if the EPFO continues to deny assistance, you may also:
– File a grievance online with the EPFiGMS grievance portal
– Communicate with the Regional Provident Fund Commissioner
– If resolution still does not occur, file a suit in the High Court to request a higher pension.
If you have any queries please feel free to contact us.