MISHRO DEVI Vs. CHANDNI DEVI AND ORS.

JUDGEMENT

(1.) THE appellant (defendant No. 4 before the lower court) has filed this appeal against the judgment and decree dated 01.02.2013 passed by learned Addl. District Judge, Bathinda, modifying that of learned Civil Judge (Jr. Divn.), Bathinda, dated 05.01.2011, whereby it was held that the plaintiffs -respondents were not entitled to get any share out of G.P.F. amount of Rs. 95,948/ -. However, they were held entitled to get 1/4th share each from the death gratuity amount of Rs. 2,54,155/ - of deceased Gollu Ram. The facts of the case are that Gollu Ram was working as Peon in the office of Divisional Soil Conservation Officer, Bathinda (defendant No. 2 before the lower court). He expired on 10.01.2005. Thereafter, dispute arose between the parents of the deceased, namely Chandni Devi and Bansi Ram on one side and Mishro Devi (widow of the deceased) on the other side regarding the claim of pensionary benefits of the deceased.

(2.) LEARNED Civil Judge (Jr. Divn.), Bathinda in a suit filed by the parents held that the plaintiffs -parents are entitled to equal share in the amount of gratuity, provident fund and pensionary benefits of deceased Gollu Ram. It was further directed that since all the benefits have been received by defendant No. 4, widow of the deceased, defendant No. 4. was directed to repay 2/3rd of the said amount to the plaintiffs. Defendant No. 4 went in appeal, whereby her appeal was allowed regarding the other pensionary benefits but regarding GPF, the plaintiffs -parents were directed to get 1/4th share each from the death gratuity amounting to Rs. 2,54,155/ -.

(3.) NONE has appeared for the plaintiffs -respondent Nos. 1 and 2.