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Calcutta High Court · body

2026 DAILYLAW 30132 (CAL)

SUBIR KUMAR DAS v. EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS

WPA/16496/2026 · 2026-07-27

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 11 sdas WPA 16496 of 2026 Subir Kumar Das Vs. Employees’ Provident Fund Organisation & Ors. Mr. Manas Kumar Ghosh Ms. Susmita Dey (Basu) Mr. Kaustav Ghosh Mr. Antarik Dawn .….. for the petitioner Mr. Rajib Ray ……. for the respondents no. 1 to 3 Mr. N. C. Bihani, Sr. Adv. Mr. Soymyajit Ghosh ……for the C.S.T.C. 1. Let affidavit-of-service, as filed in Court, be kept on record. 2. The petitioner claims pension in accordance with the Employees’ Pension Scheme, 1995 (EPS). The amount of money that was required to be refunded by the petitioner was communicated to him by the Employees’ Provident Fund Organisation vide demand letter dated August 26, 2024. Till October 31, 2024 the amount due to be deposited by the petitioner along with the interest was calculated as Rs.7,62,374/-. The petitioner was not in a position to refund the amount as calculated. Hence, the question of making payment of the provident fund dues did not arise. 2 3. The petitioner presently intends to refund the due amount along with interest for obtaining higher pension under the Employees’ Pension Scheme. The petitioner submits that he is not aware of the updated amount required to be refunded by him. 4. As the petitioner intends to refund the amount, accordingly, the Employees’ Provident Fund Organisation is directed to make the necessary calculation of the amount required to be refunded by him so that the petitioner can receive higher pension under EPS. 5. The instant writ petition is disposed of by directing the Regional Provident Fund Commissioner, Barrackpore Employees’ Provident Fund Organisation, the second respondent herein, to make the necessary updated calculation of the amount due till end of August, 2026 which is required to be refunded by the petitioner so that he may receive higher pension under EPS. 6. Such calculation shall be intimated to the petitioner at the earliest but positively by August 31, 2026. The petitioner may refund the due amount within two weeks from receipt of the updated calculation. 7. On refund of the amount of such calculation, the authority shall take steps for disbursing higher 3 pension to the petitioner in accordance with EPS from the month of September, 2026. 8. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. (Reetobroto Kumar Mitra, J.)