Calcutta High Court
WPA/23069/2026 of SUKUMAR GHOSH Vs EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS. on 9 September 2026
AD/12/18 266312 NANDY (CO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/23069/2026 SUKUMAR GHOSH VS EMPLOYEES’ PROVIDENT FUND ORGANISATION & ORS. Ms. Susmita Dey (Basu), Advocate Mr. Kaustav Ghosh, Advocate Mr. Antarik Dawn, Advocate
AD/12/18
266312
NANDY
(CO)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA/23069/2026
SUKUMAR GHOSH
VS
EMPLOYEES’ PROVIDENT FUND ORGANISATION & ORS.
Ms. Susmita Dey (Basu), Advocate
Mr. Kaustav Ghosh, Advocate
Mr. Antarik Dawn, Advocate
……for the Petitioner
Mr. Mihir Kundu, Advocate
Mr. Abhishek Banerjee, Advocate
……for the EPFO (R-1,2&3)
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1. Affidavit-of-service, as filed, be kept with the record.
2. The petitioner claims pension in accordance with the Employees' Pension Scheme, 1995 (EPS). The amount of money that was required to be deposited by the petitioner was communicated to him by the Employees' Provident Fund Organization vide demand letter dated October 23, 2024. Till December 31, 2024, the amount due to be deposited by the petitioner along with interest was calculated as Rs.8,43,831/-. The petitioner alleges that as he was not paid his provident fund dues, he was not in a position to deposit 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 April 2026. The petitioner presently intends to deposit the due amount along with interest for obtaining higher pension under the Employees' Pension Scheme. The P a g e | 2
petitioner submits that he is not aware of the updated amount required to be deposited by him.
4. As the petitioner intends to deposit the amount, accordingly, the Employees' Provident Fund Organization is directed to make the necessary calculation of the amount required to be deposited by him so that the petitioner can receive higher pension under EPS.
5. The Regional Provident Fund Commissioner, Barrackpore, the respondent no. 2 herein, is directed to make the necessary updated calculation of the amount due till end of September 2026 which is required to be deposited 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 20, 2026. The petitioner may deposit the due amount within ten days from receipt of the updated calculation.
7. Upon receipt 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.
8. With the afore-stated directions, the writ- petition is disposed of. No order as to costs.
9. Urgent Photostat Certified Copy of this order, if applied for, be given to the parties, upon usual undertakings.
(Reetobroto Kumar Mitra, J.)
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