Authority: Calcutta High Court (Constitutional Writ Jurisdiction, Appellate Side)

Order Date: 03 September 2026

Case Overview

  • Petition No. WPA 22757 of 2026 filed by Sambhu Mukherjee against Employees' Provident Fund Organisation (EPFO) and others.
  • Petitioners represented by Ms. Susmita Dey (Basu) and Mr. Kaustav Ghosh; respondents represented by Ms. Sima Sengupta, Mr. N. C. Bihani, Mr. Soumyajit Ghosh, and the CSTC.
  • The petitioner seeks a higher pension under the Employees' Pension Scheme, 1995 (EPS) and requests calculation of the updated amount he must deposit.
  • EPFO had issued a demand letter on 05 July 2024 stating that as of 30 September 2024 the amount due, including interest, was Rs 7,12,754/‑.
  • The petitioner could not pay the amount because his provident fund dues were unpaid, and he is now unaware of the current amount required.

Order Details

1. The affidavit of service filed is to be kept with the record.

2. EPFO is directed to compute the updated amount the petitioner must deposit to qualify for a higher EPS pension.

3. The Regional Provident Fund Commissioner, Barrackpore (respondent No. 2), is also directed to make the necessary updated calculation of the amount due up to the end of September 2026.

4. The calculated amount must be communicated to the petitioner no later than 20 October 2026.

5. The petitioner may deposit the determined amount within ten days of receiving the calculation.

6. Upon receipt of the deposited amount, the authority shall commence disbursement of the higher pension from November 2026 onward.

7. The writ petition is disposed of with no order as to costs.

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

Final Outcome

  • EPFO and the Regional Provident Fund Commissioner are mandated to provide an updated deposit calculation by 20 Oct 2026, enabling the petitioner to deposit the amount within ten days and receive a higher EPS pension starting November 2026; the petition is dismissed without costs.

Topics: Pension Scheme, Court Order, EPFO