Disposed

Neena Mishra and Anr. v. The State Of Bihar and Ors.

Patna HC17 Jan 2018MJC/3577/2016

Case brief

AI extract

What is this about?

The High Court disposed of a contempt application regarding the release of Provident Fund amounts. The court directed authorities to release 2/3rd shares to two complaining sisters while keeping the third sister's share in abeyance, to be settled within six weeks.

What did the court decide?

Direction to PF Authorities to calculate total amount with statutory interest and authorize settlement in favor of Neena Mishra and Priya for their shares within six weeks.

Neena Mishra and Anr. Vs The State Of Bihar… — Pension and Retirement Benefits | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3577 of 2016

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Civil Writ Jurisdiction Case No.20009 of 2013

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Neena Mishra daughter of Late Udaykant Mishra, Wife of Amresh KumarJha, resident of Village And P.O.- Singhaul, P.S.Bihra, District- Saharsa. At present resident of Mohalla- New Alkapuri, New Alkapuri, P.S.- Gardanibagh, District- Patna.

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Priya daughter of late Udaykant Mishra, wife of Sri Aditya Kumar resident of Gokul Krishna Ashram Road, Purnea, P.O.Purnea Head Post Office, P.S.- Kehat, District and TownPurnea.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Mr. Dilip Kumar the Director Provident Fund, Directorate General Provident Fund, Government of Bihar, Pant Bhawan, Baily Road, Patna.

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Mr. Vijay Kumar the Assistant Commissioner, Directorate General Provident Fund, Directorate General Provident Fund, Government of Bihar, Pant Bhawan, Baily Road, Patna.

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Mr. ............. the District Provident Fund Officer, Patna, District- Patna.

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Mr. ................... the District Provident Fund Officer, Motihari, District- East Champaran at Motihari.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Mishra For the Respondent/s : Mr. AAG3 PRABHAT KUMAR VERMA ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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3 17-01-2018 The late employee had only three daughters. Two of them

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have joined together to claim benefit and settlement of the G.P.F. of the erstwhile employee. Earlier the Court gave liberty to all the sisters to file a joint petition for release of their amount in their favour, but it seems one of the sisters, namely, Puja Mishra, is non-cooperating and is incommunicado.

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A supplementary affidavit has been filed by Neena Mishra and Priya, the two sisters that their share to the extent of 1/3rd,

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Patna High Court MJC No.3577 of 2016(3) dt.17-01-2018 2/2

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may be released in their favour and the share of Puja Mishra may be kept in abeyance for her to claim.

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The contempt application stands disposed off with a direction upon the Provident Fund Authorities that the total calculation with statutory interests of the provident fund amount of the late employee will be worked out and authorization in favour of Neena Mishra and Priya be made and settled, preferably within a period of six weeks from the date of production / communication of a copy of this order.

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Contempt Application stands disposed off with observation / direction as above.

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(Ajay Kumar Tripathi, J)

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skm/-

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Neena Mishra and Anr. v. The State Of Bihar and Ors.

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Neena Mishra and Anr. v. The State Of Bihar and Ors.

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