Calcutta High Court
WPA/23977/2026 of BIRU BAG Vs STATE OF WEST BENGAL AND ORS. on 16 September 2026
2026 40 sdas (D0) WPA/23977/2026 BIRU BAG VS THE STATE OF WEST BENGAL & ORS. Mr. Srinjay Sengupta, Advocate Mr. Ankush Ghosh, Advocate Mr. Prasenjit Jana, Advocate ……for the Petitioner Mr. Soumyajit Ghosh, Advocate ……for the CSTC Mr. Subhankar Chakraborty, Advocate
16/09/
sdas
(D0)
WPA/23977/2026
BIRU BAG
VS
THE STATE OF WEST BENGAL & ORS.
Mr. Srinjay Sengupta, Advocate
Mr. Ankush Ghosh, Advocate
Mr. Prasenjit Jana, Advocate
……for the Petitioner
Mr. Soumyajit Ghosh, Advocate
……for the CSTC
Mr. Subhankar Chakraborty, Advocate
Mr. Dyutimoy Paul, Advocate
……for the State
Mr. Shovan Banerjee, Advocate
……for the EPFO
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1. Affidavit-of-service filed in Court today is taken on record.
2. The petitioner claims pension in accordance with the Employees’ Pension Scheme, 1995 (EPS). The amount of money that was required to be refunded by the petitioner was communicated to him by the Employees’ Provident Fund Organization vide demand letter dated January 22, 2025. Till March 31, 2025, the amount due to be deposited by the petitioner along with the interest was calculated as Rs.10,40,563/-. The petitioner alleges that as he was not paid his provident fund dues, he was not in a position to refund the amount as calculated.
3. In compliance of an order passed by the Hon’ble Court in a separate writ petition filed by the petitioner, 80% of his provident fund dues were disbursed in July, 2026. The petitioner presently P a g e | 2
intends to refund the due amount along with interest for obtaining higher pension under the Employees’ Pension Scheme (EPS). The petitioner submits that he is not aware of the updated amount required to be refunded by him.
4. As the petitioner intends to refund the amount, accordingly, the Employees’ Provident Fund Organization is directed to make the necessary calculation of the amount required to be refunded by him so that the petitioner can receive higher pension under EPS.
5. I direct the Regional Provident Fund Commissioner, Employees’ Provident Fund Organization, Barrackpore, the respondent no. 8 herein, to make the necessary updated calculation of the amount due till end of October, 2026 which is required to be refunded by the petitioner so that he may receive higher pension under EPS.
6. Such calculation shall be intimated to the petitioner at the earliest but positively by October 31, 2026. The petitioner may refund the due amount within two weeks from receipt of the updated calculation.
7. On refund of the amount of such calculation, the authority shall take steps for disbursing higher pension to the petitioner in accordance with EPS from the month of November, 2026.
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8. With the afore-stated directions, WPA/23977/2026 is disposed of. There shall be no order as to costs.
9. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Reetobroto Kumar Mitra, J.)