Authority: Calcutta High Court

Order Date: 19.08.2026

Case Overview

  • Parties: petitioner Sankar Chakraborty vs. The Calcutta State Transport Corporation (CSTC) & others.
  • Proceedings: W.P.A. 20529 of 2026 filed in Calcutta High Court; affidavit of service recorded on the day of the order.
  • Background: Petitioner seeks higher pension under the Employees' Pension Scheme, 1995 (EPS) as amended. EPFO issued a demand letter on 10 September 2024 stating that, as of 30 November 2024, the amount due for transmission by CSTC, including interest, was Rs 6,33,320/-. Petitioner alleges that 90% of his CPF (Contributory Provident Fund) dues remain unpaid in his CPF account because CSTC has not transmitted the required contribution to EPFO.
  • Key Observations: The court notes the petitioner is unaware of the updated amount required for transmission and directs the appropriate authorities to calculate and facilitate the payment.

Directions

1. EPFO is directed to calculate the exact amount that CSTC must transmit for the petitioner to receive a higher pension under EPS.

2. The Regional Provident Fund Commissioner, Employees' Provident Fund Organisation, Barrackpore (respondent No. 7) shall update the calculation of the amount due up to the end of September 2026 and inform CSTC.

3. CSTC must transmit the calculated amount to EPFO by 30 November 2026 and pay the balance of CPF to the petitioner with 6% interest per annum from the next date of retirement until actual payment.

4. The calculation must be communicated to both CSTC and the petitioner by 30 September 2026.

5. Upon receipt of the amount, EPFO shall disburse the higher pension to the petitioner from October 2026.

6. The petition (WPA 20529 of 2026) is disposed of with no order as to costs.

7. An urgent photostat certified copy of the order may be issued to parties upon usual undertaking.

Final Outcome

  • The court orders the Regional PF Commissioner to determine the outstanding EPS contribution, mandates CSTC to pay the balance with interest and transmit it to EPFO by 30 November 2026, and requires EPFO to commence higher pension payments from October 2026. No costs are awarded.

Topics: Pension, Employees' Provident Fund