Can you claim higher pension from EPS if you were not contributing to EPF account in 2014?

The Supreme Court has allowed employees to apply for higher pension under EPS if they were members on September 1, 2014. However, there may be employees who were members of EPS and/or EPF but they were not making contributions to the EPF account. This may happen because of various reasons. In such a scenario, can such an employee opt for higher pension from EPS?

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