Higher Pension Appeal Against EPFO and Employer: Can I Sue for Non-Remittance Proof?

Ans: Dear Ravindra Pateria,

I understand your concern and the urgency you feel regarding the approval of your enhanced pension under EPS 95 by EPFO. It's frustrating when bureaucratic processes become hurdles in securing what's rightfully yours.

Given that you've already taken steps by lodging grievances and reaching out to both EPFO and the liquidator, it might be helpful to escalate the issue further. You could consider writing a formal letter to EPFO, highlighting the urgency and attaching all the necessary documents as proof of your service with the closed organization.

Additionally, you might want to consult with a legal advisor or approach a local EPFO office directly. They might be able to provide guidance on the specific provisions and rules that govern such cases and suggest alternative ways to expedite the approval process.

Remember, persistence often pays off in such situations. Keep all your communications documented and follow up regularly. Wishing you the best in resolving this issue promptly.

Ans: Hello;

Please review the terms and conditions of your employment.

Discuss with the HR team of your employer, objective being getting a solution.

Else you may lodge a grievance against employer in EPFiGMS portal but this may affect your further prospects of being employed.

Keep this in mind and then take an appropriate decision.

Seek opinion from a legal counsel if needed.

Best wishes;

Ans: This is purely a LEGAL ISSUE. Consulting an Advocate would be a right course of action.
Thanks.

Ans: I appreciate your patience in handling this tough issue. You have taken steady steps so far. This situation is stressful at your age, but there are still clear paths that can help you move forward.

» Understanding the root of the issue
Your employer kept paying the pension part for five years after your resignation. This payment stayed in your pension account. EPFO accepted it because the system often does not stop payments unless the employer marks an exit on time. This is a common issue. It is not your fault.

Your employer has also agreed to support your claim. This is good because the employer support is very important. EPFO will not release the extra pension money without proper employer letters.

» Why EPFO is not releasing the money
EPFO officers usually follow strict rules. They treat excess pension payments as an employer mistake. They keep the amount in the pension pool. They do not release it easily. Many retirees face the same problem. Local EPFO offices sometimes avoid giving the right steps. This creates delay and confusion.

But the law allows correction if the employer certifies the mistake. So your case has merit.

» First action step with your employer
Your employer must file a formal request. A simple verbal assurance will not help. You need a written letter on company letterhead. This letter should say the pension amount paid after your exit was by mistake. The employer must ask EPFO to refund the amount to your bank account. The employer must also confirm your correct date of exit.

You must keep a copy of this letter. This becomes your base

» Key documents you must collect
You should collect and keep safe the following:

– Employer exit letter
– Employer mistake confirmation letter
– Your PF passbook copy showing the wrong pension payments
– Your resignation and final settlement proof
– Your Aadhaar, PAN, bank passbook copy

These will help you move your case faster.

» Filing a formal EPFO grievance
Many people do not know this part. This is the most effective step.

You must file a grievance on the EPFiGMS portal. This is the official complaint system. When you file here, the complaint goes to higher officers. They must reply within a time limit. Local officers cannot ignore these cases.

Steps for this:

– Visit EPFiGMS website
– Select your PF office
– Upload employer letter and other documents
– Write clearly that excess pension was paid by employer mistake
– Request refund to your account

This creates a tracking number. You must save that number.

» Escalation if you do not get response
If the PF office does not solve the grievance, there is a next level. You can escalate the complaint. EPFiGMS gives an option to escalate within the system itself.

You can escalate to:

– Regional PF Commissioner
– Zonal PF Commissioner
– Central PF Commissioner

Higher officers take such cases more seriously. Many people succeed only after escalation.

» Importance of regular follow-up
EPFO works better when you show steady follow-up. Keep your follow-up polite and firm. You must visit the office with written reminders. Each reminder should have date and your grievance number.

You can also take your employer’s HR person with you. When the employer visits with you, officers tend to respond faster.

» Using the Right to Information Act
If the PF office keeps delaying, you have another strong tool. You can file an RTI application. This forces the PF office to give a written reply on why they are holding the money. They cannot delay once RTI is filed.

You can ask in RTI:

– Why the refund is not processed
– What rule is stopping the refund
– What steps are pending
– Who is the officer responsible

RTI puts pressure and moves files faster.

» Taking help from the PF Commissioner’s public hearing
Every PF office has a monthly public hearing. People can meet the Regional Commissioner directly. You can visit with your documents and grievance number. Many people get quick solutions in these hearings.

You must ask the office for the hearing date. Attend with the employer letter. Your case is simple and genuine. It may get cleared here.

» Approach through the employer’s digital portal
Employers have a separate login called the employer portal. The employer can update your exit date properly. They must file a correction request. If the employer updates this correctly, your refund case becomes stronger. You should request the employer to do this without delay.

» Writing a formal request letter
You must also submit your own written request to EPFO. The letter must be short and clear. You must attach:

– Employer correction letter
– Your ID proofs
– PF passbook

Give one copy to EPFO and take an acknowledgement on another copy. This is important for record.

» Complaint through CPGRAMS
If EPFO still does not act, there is a national grievance system called CPGRAMS. Once you file here, the PF office must reply quickly. This is powerful because it goes to the Central Government dashboard.

Many people get results within weeks through CPGRAMS.

» Handling the emotional pressure
You are 66 years old. You need this money for your daily needs. You have already faced delay. It is natural to feel stressed. But your case has strong points:

– Money is yours
– Employer supports you
– EPFO has the record
– Law allows correction

So your chances are strong. You must stay steady and follow the steps one by one.

» Avoid getting discouraged by EPFO staff
Sometimes officers say “cannot refund” only to avoid extra work. This does not mean the refund is not possible. It only means they do not want to take responsibility. When you use written systems like EPFiGMS, RTI, CPGRAMS, they cannot avoid your case.

Your steady action will create movement.

» Keep your communication simple and polite
Do not argue with officers. Keep words short and respectful. Show documents neatly. This helps them process your case faster. You must look confident but calm.

» Steps you must take now
Below are the simple steps in the right order:

– Get employer correction letter
– Collect all documents
– File grievance on EPFiGMS
– Visit with documents and employer support
– Escalate if needed
– File RTI if delayed
– Attend public hearing
– File CPGRAMS if still pending

These steps cover all angles. One of these will surely help.

» Why the refund is valid
Refund is valid because:

– Excess pension was paid after your exit
– This payment does not match PF rules
– Employer has confirmed the mistake
– You have already closed your pension earlier
– You are legally entitled to correct credit

EPFO must act when employer certifies the mistake.

» Keep the employer closely involved
Employer role is very important. Many cases get stuck because the employer does not support. But in your case, employer is willing. Ask them for:

– Letter
– Digital correction
– One office visit
– Support in grievance

This helps your case greatly.

» Consider keeping your paperwork organised
Keep all papers in one file. Use separate sections. When you visit the office, it shows clarity. Officers respond better when your papers are arranged well.

» If the refund is delayed for long time
If nothing moves even after all steps, you can write to the Zonal Office or Head Office in Delhi. Send only simple words with scanned documents. They often push the regional office to act.

You can also write to the Pension Division separately. But usually, higher officers solve it.

» Managing your financial stress
At your age, every rupee matters. This amount of Rs.69000 is not small for daily needs. You must stay hopeful. You have taken the right steps. Continue following formal methods. You will succeed. Many senior citizens have got such refunds after steady follow-up.

» Avoid thinking that the money is lost
Your money is not lost. It is only stuck. It is still in your pension account. There is full proof of it. You just need the right process to unlock it. You have a strong case. You also have employer support. So the refund is possible.

» Look at the bigger picture with patience
EPFO moves slow. But the system works when pushed through the right channels. You have every right to receive this amount. Keep moving with simple steps. You will get progress.

» Final Insights
You have handled this matter with courage. You have also taken help from your employer. This is very important. Continue with clear written steps. File your grievance properly. Escalate without fear. Use RTI and CPGRAMS if the local office delays. Meet higher officers in the public hearing. With these actions, your refund will move in the right direction. Please stay steady. You will see progress.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment