Date :

From:

To:

The Regional Provident Fund Commissioner,

Regional Provident Fund Office,

Sir,

Sub: Request for grant of EPS pension on actual salary in compliance with the Hon'ble Supreme Court
Judgement dated 4.11.22 - Joint Option already exercised in pursuance of the Judgement of Hon'ble
Madras High Court dated 27.3.2019

Ref: i) Common Judgement of the Hon’ble Madras High Court, dated 27.3.2019, in WP 4308 of 2019,
covering retired employees of TAMIL NADU NEWSPRINT AND PAPERS LTD and subsequent Order
dated 29.8.2019 in WP 25454.

ii) Judgement of the Hon’ble Supreme Court dated 4.11.2022 in SLP( C ) Nos. 8658-8659/2019

I, , was an employee in M/s.Tamil Nadu Newsprint and

Papers Ltd from to and drawing pension under EPS 1995

and my PPO Number is . My existing pension has

been computed on the ceiling amount though I was contributing on actual salary.

I was one of the petitioners before the Hon’ble Madras High Court in WP of 2019 and
covered by the common judgment dated , a copy of which is available with you.

The Hon’ble Madras High Court has ordered that the retired employees from both exempted and
unexempted establishments are eligible to draw pension based on actual salary and directed EPFO to
complete the exercise of upward revision of EPS pension within a period of 6 months.

The petitioners in the above Writ Petitions are retirees from M/s.TAMIL NADU NEWSPRINT AND
PAPERS LTD which is an exempted establishment.
Aggrieved by the order of the single judge, EPFO had preferred Writ Appeal (3501/2019), in the
Hon’ble Madras High Court. When the Writ Appeals were being heard in the Hon’ble Madras High
Court, EPFO informed the Court about the Review petition filed in the Hon’ble Supreme Court. Based
on the representation of EPFO, the Hon’ble Madras High Court had adjourned the hearing of the Writ
Appeals.

The Division Bench of the Hon’ble Madras High Court was pleased to pass the following Direction
on 12.11.2019 in the writ appeals.
“The entire process of application both at the end of employer as well as the authorities shall
proceed, except the payment of enhanced pension.”

A copy of the said order is available with you.

The 3 judge bench of the Hon’ble Supreme Court had upheld the right to pension on actual
salary in its judgement dated 4.11.2022, vide judgment in SLP( C ) Nos.8658-8659/2019 .

As per the decision of the Hon’ble Supreme Court, the retirees are to exercise a joint option, if
already not exercised, within a period of 4 months.

Pursuant to the order of the Hon’ble Madras High Court dated 12.11.2019 in the writ appeal, I
had submitted the Joint Option Forms to my employer M/s.Tamil Nadu Newsprint and Papers Ltd for
onward transmission to your office and the same has been forwarded by the employer M/s.Tamil
Nadu Newsprint and Papers Ltd, to your office. Copies of Joint Declaration Form (both employer and
employee), Form 7 PS and acknowledgement by EPFO are enclosed for your reference.

I request you to process my joint option form already submitted to your office and sanction the higher
pension based on my actual salary in compliance of the directives given by the Hon'ble Supreme Court
in the Judgement dated 4.11.22.

Yours Sincerely,

Encl :

Joint Declaration Form,

Form 7P.S,
PPO Copy,
Aadhaar Copy
Letter from Employer.