IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

APPELLATE SIDE

Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 5157 of 2025

Prabir Banerjee & Ors.

Vs.

Employees’ Provident Fund Organisation & Ors.

For the Petitioners : Mr. Victor Chatterjee.

For the EPFO/RPFO : Mr. Satyendra Agarwal,

Mr. Bijay Bag.

For the Respondent No. : Mr. S.R. Saha.

4 to 6

For the Respondent No. 3 : Mr. Bhaskar Prasad Vaisya,

Mr. Nilay Baran Mondal.

Hearing concluded on : 17.09.2025 Judgment on : 06.11.2025

Shampa Dutt (Paul), J.:

1. The petitioner has preferred this writ application being aggrieved by

an order dated 22.10.2024 issued by the respondents/EPFO

authorities.

2. The petitioners retired from service between the period from 2008 to

31.08.2014.

3. It is thus admitted that the petitioners who claim the benefit of the judgment in The Employees Provident Fund Organisation & Anr. ETC. vs Sunil Kumar B. & Ors. ETC., in Civil Appeal Nos. ……… of 2022 (arising out of the SLP (C) Nos. 8658-8659 of 2019), decided on November 04, 2022, were not in service on

01.09.2014.

4. The petitioners state that the respondent no.3 management on

04.05.2018 called for options from its retired employees for pension to be calculated o