Hi Mr. Sri Ram,
Your query is quite frustrating, and I completely understand your dilemma. You have followed the correct procedure, but due to bureaucratic delays and lack of clarity between EPFO offices, your application for a higher pension is stuck. Since both employers have provided details, but EPFO offices in Bengaluru and Delhi are shifting responsibility, you now have no choice but to approach the court for relief.
1. Where to File the Case – Bengaluru or Delhi?
Your case involves two different EPF offices – Bengaluru (first employer) and Delhi (last employer). However, the final processing of your higher pension claim is dependent on the EPF office where your last employer was registered, which is Delhi.
Since the Delhi EPF office is the one that has to process and approve your application, it is advisable to file the case in Delhi. Courts follow the principle of territorial jurisdiction, and in your case, the final cause of action (approval or rejection of higher pension) is happening in Delhi.
If you file in Bengaluru, the court may direct it to be transferred to Delhi, as the dispute is more about processing rather than record retrieval. However, if you want to challenge the record-keeping issues of Bengaluru EPF, you could argue for jurisdiction in Bengaluru. But practically, Delhi is the stronger choice.
2. Legal Grounds for Filing the Case
Your case falls under writ jurisdiction (Article 226 of the Constitution of India) as it involves government authorities (EPFO). You will be seeking a writ of Mandamus directing the EPFO authorities to process your higher pension claim without unnecessary delay.
In addition, you can also invoke Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, which provides powers to the authorities to resolve such disputes. However, since EPFO is causing delays rather than outright rejecting your claim, a writ petition is the better route.
3. Filing a Writ Petition in the Delhi High Court ( I could be of great help here)
You should file a writ petition in the Delhi High Court seeking:
• Immediate processing of your higher pension claim
• A direction to EPFO to verify records without unnecessary procedural delays
• Compensation for undue delay (if applicable)
Your petition should highlight the EPFO’s failure to act despite both employers providing data and the internal mail transfers between offices, which are causing an unjustified delay.
For further consultation and help, reach out to me at adv.vishesh@icloud.com. I can connect you with an experienced lawyer who can handle your case efficiently and get you the justice you deserve.
