Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: 18 November 2026
Case Overview
- Parties: petitioner Siddheswar Ghosh vs. Employees' Provident Fund Organization (EPFO) and Respondents Nos. 1, 2 & 3 (including the Regional Provident Fund Commissioner, Barrackpore).
- Nature of Proceeding: Writ petition seeking the amount to be deposited under the Employees' Pension Scheme, 1995 (EPS) to obtain a higher pension.
- Background:
- EPFO issued a demand letter on 10 July 2024 requiring the petitioner to deposit Rs.7,78,605 (including interest) by 30 September 2024.
- The petitioner could not deposit the amount because his provident fund dues were not paid.
- A prior court order resulted in 80 % of his provident fund dues being disbursed in April 2026.
- The petitioner now wishes to deposit the required amount but is unaware of the updated figure.
- Court’s Observations & Directions:
1. The IG‑DO (NANDY) Organization is directed to calculate the amount the petitioner must deposit to qualify for a higher pension under EPS.
2. The Regional Provident Fund Commissioner, Barrackpore, is directed to make an updated calculation of the amount due up to the end of August 2026.
3. The updated calculation must be communicated to the petitioner no later than 31 August 2026.
4. Upon receipt, the petitioner may deposit the calculated amount within two weeks.
5. After the deposit, the authority shall disburse the higher pension to the petitioner from September 2026 onward.
6. The writ petition is disposed of; no order as to costs.
Final Outcome
- EPFO and the Regional Provident Fund Commissioner must provide the petitioner with an updated deposit figure by 31 August 2026.
- The petitioner can deposit the amount within two weeks of receiving the figure.
- Higher pension under EPS will commence from September 2026 once the deposit is made.
- The petition is dismissed without any cost order.
Topics: Pension, Legal Order, EPFO