Authority: Calcutta High Court, Constitutional Writ Jurisdiction Appellate Side

Order Date: 18 December 2026

Case Overview

  • Petitioner: Sukumar Ghosh (represented by Advocate Mr. Mihir Kundu) vs Respondents: Employees' Provident Fund Organisation (EPFO) and Regional Provident Fund Commissioner, Barrackpore.
  • The petitioner sought a higher pension under the Employees' Pension Scheme, 1995 (EPS). A demand letter dated 23 October 2024 required him to deposit Rs 8,43,831 (including interest) by 31 December 2024.
  • He could not make the deposit because his provident fund dues were unpaid. In April 2026, 80 % of those dues were disbursed following a separate court order.
  • The petitioner wishes to deposit the required amount now but does not know the updated amount.

Final Outcome

  • The Court directs EPFO to calculate the updated amount that the petitioner must deposit up to 30 September 2026 for eligibility of a higher EPS pension.
  • The calculation must be communicated to the petitioner no later than 20 October 2026.
  • The petitioner may deposit the amount within ten days of receiving the calculation.
  • Upon receipt of the deposit, the authority shall commence disbursement of the higher pension from November 2026.
  • No order as to costs; an urgent certified copy of the order may be obtained upon usual undertakings.

Topics: Pension, Employees' Provident Fund, Court Order