Authority: Calcutta High Court, Justice Reetobroto Kumar Mitra

Order Date: 07 July 2026

Case Overview

  • Petitioner: Kashinath Samanta, former Conductor (employee‑id 6650) of Calcutta State Transport Corporation (WBTC).
  • Respondents: Calcutta State Transport Corporation (WBTC) and four other respondents, including the Regional Provident Fund Commissioner, Employees' Provident Fund Organisation, Barrackpore.
  • The petitioner seeks a higher pension under the Employees' Pension Scheme, 1995 (EPS) and is required to refund a sum to the EPFO as per a demand letter dated 12 July 2024.
  • The demand letter specified Rs.3,38,289 plus interest as of 30 September 2024. The petitioner could not pay because his PF dues were not released.
  • In April 2026, 80 % of his PF dues were disbursed following a separate court order, enabling him to consider refunding the amount.

Order Details

1. The affidavit of service filed on the day of the hearing is taken on record.

2. The court notes the petitioner’s claim for higher EPS pension and the outstanding refund amount.

3. The petitioner has been directed to refund the calculated amount once the EPFO provides an updated figure.

4. The Regional Provident Fund Commissioner, Employees' Provident Fund Organisation, Barrackpore (Respondent No. 6) is directed to compute the updated amount due up to the end of August 2026.

5. The calculation must be communicated to the petitioner no later than 31 August 2026.

6. Upon receipt, the petitioner must refund the amount within two weeks.

7. After the refund, the EPFO shall disburse the higher pension to the petitioner from September 2026 onward.

8. The writ petition (WPA 12981 of 2026) is disposed of.

9. No order as to costs.

10. An urgent certified copy of the order may be obtained on the usual undertaking.

Final Outcome

The EPFO is mandated to calculate and inform the petitioner of the exact refund amount by 31 August 2026; the petitioner must repay within two weeks, after which his higher EPS pension will commence from September 2026. The case is closed without costs.

Topics: Pension, Provident Fund