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2026 DAILYLAW 43389 (CAL)

SAJAHAN LASKAR v. EMPLOYEES PROVIDENT FUND ORGANISATION AND ORS

WPA/25903/2026 · 2026-09-24

Reetobroto Kumar Mitra

body2026

Judgment text

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24/09 2026 AD/26/18 266312 NANDY (CO-DO) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/25903/2026 SAJAHAN LASKAR VS EMPLOYEES’ PROVIDENT FUND ORGANISATION & ORS. Mr. Susmita Dey (Basu), Advocate Mr. Kaustav Ghosh, Advocate ……for the Petitioner Mr. Sunny Nandy, Advocate ……for the State Mr. Soumyajit Ghosh, Advocate ……for the CSTC 1. Affidavit of service, as filed, be kept with the record. 2. The petitioner claims pension in accordance with the Employees' Pension Scheme, 1995 (EPS). The amount of money that was required to be deposited by the petitioner was communicated to him by the Employees' Provident Fund Organization vide demand letter dated 29.07.2024. Till November 30, 2024, the amount due to be deposited by the petitioner along with interest was calculated as Rs.6,22,017/-. The petitioner alleges that as he was not paid his provident fund dues, he was not in a position to deposit the amount as calculated. 3. The petitioner presently intends to deposit 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 2 required to be deposited by him. P a g e | 2 4. As the petitioner intends to deposit the amount, accordingly, the Employees' Provident Fund Organization is directed to make the necessary calculation of the amount required to be deposited by him so that the petitioner can receive higher pension under EPS. 5. The Regional Provident Fund Commissioner, Barrackpore, the respondent no. 2 herein, is directed to make the necessary updated calculation of the amount due till end of October 2026 which is required to be deposited 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 November 15, 2026. The petitioner may deposit the due amount within ten days from receipt of the updated calculation. 7. Upon receipt of the amount of such calculation, the authority shall take steps for disbursing higher pension to the petitioner in accordance with EPS from the month of December, 2026. 8. With the afore-stated directions, the writ- petition is disposed of. No order as to costs. 9. Urgent Photostat Certified Copy of this order, if applied for, be given to the parties, upon usual undertakings. (Reetobroto Kumar Mitra, J.) P a g e | 3