Authority: Calcutta High Court (Justice Reetobroto Kumar Mitra)

Order Date: 28 August 2026

Case Overview

  • Parties: Petitioner Subhas Chandra Ghosh vs The Calcutta State Transport Corporation (WBTC) & Ors., with EPF also a respondent; counsel: Dilip Kumar Chatterjee, Durga Bhusan Mukherjee (petitioner), N. C. Bihani, Soumyajit Ghosh (CSTC), Debjani Ghosal (EPF).
  • Nature: Petition for higher pension under Employees' Pension Scheme (EPS) 1995 as amended, alleging CSTC failed to transmit required CPF contributions to EPFO.
  • Background: EPFO issued a demand letter on 29 July 2024 stating amount due as of 30 September 2024 was Rs.5,85,572; 90% of CPF dues remained unpaid in petitioner’s account.
  • Allegations: CSTC did not transmit contributions despite demand; petitioner unaware of updated amount required.

Order Details

  • EPFO directed to calculate the exact amount that CSTC must transmit for the petitioner’s EPS pension.
  • Regional Provident Fund Commissioner, Employees' Provident Fund Organisation, Barrackpore (Respondent No.7) to update calculation of amount due up to 30 September 2026 and inform CSTC.
  • CSTC must transmit the calculated amount from petitioner’s account to EPFO by 30 November 2026 to enable higher pension.
  • Calculation to be communicated to CSTC and petitioner no later than 30 September 2026.
  • CSTC to pay the balance of CPF to petitioner with 6% per annum interest from the day after retirement until actual payment; payment deadline 30 November 2026.
  • If CSTC fails to pay by the deadline, petitioner entitled to additional interest of 2% on the unpaid amount.
  • Upon receipt of the amount, authority to disburse higher pension to petitioner from October 2026 onward.
  • The petition (WPA 21790 of 2026) is disposed of; no order as to costs; provision for urgent certified copy on undertaking.

Final Outcome

  • The court mandates calculation and transmission of pending EPS contributions, obliges CSTC to pay the balance with interest, and ensures the petitioner receives a higher pension from October 2026; the case is closed without costs.

Topics: Pension, Employees' Provident Fund, Public Transport