Authority: Hon'ble Court (Judge Reetobroto Kumar Mitra)

Order Date: 2026

Case Overview

  • Petitioner: Vibakananda Paul, represented by Ms. Susmita Dey (Basu) and Mr. Kaustav Ghosh.
  • Respondents: Employees' Provident Fund Organisation (EPFO) and others, represented by Ms. Sima Sengupta and counsel for the CSTC.
  • Nature of proceeding: Writ petition seeking calculation of the amount to be deposited under the Employees' Pension Scheme, 1995 (EPS) to obtain a higher pension.
  • Background: EPFO issued a demand letter on July 29, 2024, stating that as of September 30, 2024, the petitioner owed Rs 5,95,988/- plus interest. The petitioner could not pay because his provident fund dues were not released.
  • Subsequent development: Following a separate court order, 80% of his PF dues were disbursed in April 2026. The petitioner now wishes to deposit the required amount (including interest) to qualify for a higher EPS pension but is unaware of the updated amount.

Court Directions

1. EPFO is directed to calculate the exact amount the petitioner must deposit to obtain a higher pension under EPS.

2. The Regional Provident Fund Commissioner, Barrackpore (Respondent No. 2), is also directed to compute the updated amount due up to the end of September 2026.

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

4. Upon receipt of the calculation, the petitioner must deposit the amount within ten days.

5. After the deposit is received, the authority shall disburse the higher pension to the petitioner from November 2026 onward.

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

7. 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 calculation of the deposit amount by October 20, 2026.
  • The petitioner must pay the calculated sum within ten days, after which a higher EPS pension will be credited from November 2026.
  • The case is closed without any cost order.

Topics: Pension, Employees' Provident Fund, Legal Order