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Calcutta High Court · body

2026 DAILYLAW 32619 (CAL)

JAYANTA BISWAS v. THE STATE OF WEST BENGAL AND ORS.

WPA/19212/2026 · 2026-08-12

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12/08 2026 AD/22/18 266312 NANDY (D0) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/19212/2026 JAYANTA BISWAS VS THE STATE OF WEST BENGAL & ORS. Mr. Srinjay Sengupta, Advocate Mr. Saurav Roy, Advocate Mr. Ankush Ghosh, Advocate Mr. Prasenjit Jana, Advocate ……for the Petitioners Mr. N.C. Bihani, Sr. Advocate Mr. Soumyajit Ghosh, Advocate ……for the CSTC Mr. Ujjwal Datta, Advocate ……for the EPF Authorities 1. Affidavit-of-service filed in Court today is taken 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 Organization vide demand letter dated July 8, 2024. Till September 30, 2024, the amount due to be deposited by the petitioner along with the interest was calculated as Rs.6,07,335/-. The petitioner alleges that as he was not paid his provident fund dues, he was not in a position to refund the amount as calculated. 3. In compliance of an order passed by the Hon’ble Court in a separate writ petition filed by the petitioner, 80% of his provident fund dues were P a g e | 2 disbursed in November 2025. The petitioner presently intends to refund the due amount along with interest for obtaining higher pension under the Employees’ Pension Scheme (EPS). 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 Organization 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. I direct the Regional Provident Fund Commissioner, Employees’ Provident Fund Organization, Barrackpore, the respondent no. 8 herein, to make the necessary updated calculation of the amount due till end of September 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 September 30, 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 pension to the petitioner in accordance with EPS P a g e | 3 from the month of October, 2026. 8. With the afore-stated directions, WPA/19212/2026 is disposed of. There shall be no order as to costs. 9. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Reetobroto Kumar Mitra, J.)