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

Order Date: 05 August 2026

Case Overview

  • Petitioner: Tapan Das; Respondents: Employees' Provident Fund Organisation (EPFO) and others, including Regional Provident Fund Commissioner, Barrackpore.
  • The petition seeks to deposit the amount required under the Employees' Pension Scheme, 1995 (EPS) to obtain a higher pension.
  • A demand letter dated 16 July 2024 from EPFO stated that, as of 30 September 2024, the amount due (including interest) was Rs 3,59,612/‑.
  • The petitioner could not make the deposit because his provident fund dues had not been paid; 80 % of those dues were later disbursed in April 2026 following a separate court order.
  • The petitioner now wishes to make the deposit but is unaware of the updated amount required.

Final Outcome

1. EPFO is directed to calculate the updated amount that the petitioner must deposit to qualify for a higher EPS pension.

2. The Regional Provident Fund Commissioner, Barrackpore, must complete this calculation for the period up to the end of August 2026 and communicate it to the petitioner no later than 20 August 2026.

3. The petitioner may deposit the calculated amount within ten days of receiving the notice.

4. Upon receipt of the deposit, the authority shall commence disbursement of the higher pension from October 2026.

5. The writ petition is disposed of without any order as to costs.

Topics: Pension Calculation, EPFO Order, Legal Directive