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2017 DAILYLAW 1738 (PAT)

Brajesh Kumar Pandey v. The State of Bihar through Sri R.K. Mahajan,

MJC/806/2017 · 2026-07-09

Rajiv Roy

body2017

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.806 of 2017 In Civil Writ Jurisdiction Case No.11725 of 2015 ====================================================== 1. Brajesh Kumar Pandey Son of Late Rajendra Pandey Resident of Village - Maharajahata, P.S. - Ara Town, District - Bhojpur, Bihar. 2. Madan Mohan Choudhary son of Late Ram Niwash Choudhary Resident of Village Bazar Samiti, P.S. Ara Nawada, Dist. Bhojpur. 3. Jai Nandan Sharma Son of Late Arjun Singh Resident of Rashtriyaganj, P.S. Phulwarisharif, Dist. Patna. 4. Ajay Kumar Singh S/o Sri Baleshwar Singh R/o Rawaich, P.S. Bakhtiyarpur, Dist. Patna. 5. Awadhesh Kumar S/o Sri Devki Singh R/o New Bengali Tola, Mitapur, P.S. Jakkanpur, Dist. Patna. 6. Tapeshwar Sharma S/o late Kamla Singh R/o Gajachak Mohamadpur, P.S. Jainpur, Dist. Patna. 7. Ramanand Sharma S/o Late Ragho Singh R/o Babhanpura, P.S. Janipur, Dist. Patna. 8. Nawal Kishore S/o late Satish Chandra Sinha R/o Karman Tola, P.S. Ara Nawada, Dist. Bhojpur. 9. Anuj Kumar Sharma S/o Bindeshwar Sharma R/o Murgiachak, P.S. Ghosi, Dist. - Jehanabad. 10. Balmiki Singh S/o late Kailash Singh R/o Village - Sakara, P.S. Hashnawa, Dist. Nawada. 11. Ramashish Prasad S/o late Ram Kishun Prasad R/o Bhawar Pokhar Bagicha, P.S. Pirbahore, Dist. Patna. 12. Kishore Kumar Thakur S/o late Chhaturi Thakur R/o Ramnagri, Sect - 4, P.S. - Rajiv Nagar, Dist - Patna. ... ... Petitioner/s Versus 1. The State of Bihar through Sri R.K. Mahajan, Principal Secretary, Health, Government of Bihar. 2. Dr. Rajendra Kumar, Chairman, Bihar College of Pharmacy, New Bailey Road, Patna. 3. Dr. Md. Faiyazuddin, Principal, Bihar College of Pharmacy, New Bailey Road, Patna. 6. Sri Manish Mani, Assistant Provident Fund Commissioner, Patna Employees Provident Fund Organization, Regional Officer, Bhavishya Nidi Bhawan, R- Block, Road No. 5, Patna-1. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. Patna High Court MJC No.806 of 2017(25) dt.09-07-2026 2/4 For the State : Mr. Anil Kr. Verma, AC to AAG-9 For the College : Dr. Raushan, Adv. For the EPFO : Mr. Rajiv Kumar Verma, Adv. Mr. Prashant Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25 09-07-2026 Heard Mr. Ganesh Prasad Singh, learned counsel for the petitioner, Mr. Rajiv Kumar Verma, learned Senior counsel duly assisted by Mr. Prashant Sinha for the Employees Provident Fund Organisation (for short ‘the EPFO’) as also Mr. Sahil Kumar for the Bihar College of Pharmacy, Bailey Road, Patna. 2. The present application has been preferred: for initiating appropriate contempt proceedings against the opposite parties in particular opposite party no.4 to 6 for deliberate and willful non compliance of order dated 13.05.2016 passed by Hon'ble Mr. Justice Shivaji Pandey in CWJC No. 11725 of 2015 whereby and whereunder directions were issued to the Opposite parties complete the process of verification and payment of provident fund to petitioner within a period of six months from the date of filing of Forms 19 and 10D in the office of Regional Provident Fund Commission, Bihar. 2. Pursuant to the last order, the Bihar College of Pharmacy has filed show cause and paragraphs 12 and 13 read as Patna High Court MJC No.806 of 2017(25) dt.09-07-2026 3/4 under: 12. That it is most respectfully submitted that opposite party B College of Pharmacy will generate the ECR once the petitioners will create and provide there UAN No. through Umang Portal or if the petitioners will visit the College/ Opposite party will get the UAN Nos, generated and will submit the ECR. 13. That from the facts as stated here in above, it is obvious that there are no deliberate latches on part of the answering opposite parties in making payment of provident fund since the payment was already done. 3. The contention is that with the changes that has taken place since last one decade, unless the petitioners appear, the college cannot proceed further. 4. On a query, whether the petitioners are ready to appear before the EPFO, Patna, the answer is in affirmative and submission is that they are ready to appear on any date fixed by the Court. 5. Since the petitioner is ready to appear before the EPFO, Patna, learned Senior Counsel for the EPFO stands represented along with the learned counsel for the Bihar College of Pharmacy. 6. With the consent of the parties, this court directs the Patna High Court MJC No.806 of 2017(25) dt.09-07-2026 4/4 petitioners to appear before the EPFO, Patna on 15.07.2026 at 11.00 AM. 7. The College must be represented through Mr. Manoj Kumar (authorized representative of the College) who has put the show cause on affidavit. 8. It is made clear that if the college remains unrepresented and the petitioners have to return, the college shall be facing the consequences. 9. This Court would like to dispose of the MJC present contempt petition granting liberty to each and every petitioner to agitate the matter afresh and it is made clear to both the EPFO, Patna and the Bihar College of Pharmacy that if at all, a single petitioner approaches this Court with the grievance that due to disposal of the contempt petition, the opposite parties chose not to act and/or comply with the order of the writ petition, they shall be facing the consequences. 10. MJC No. 806 of 2017 is disposed of with aforesaid observation. Vijay Singh/- (Rajiv Roy, J) U