Anraj Devi vs Deepak Kumar

1 2025 INSC 64 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION

CONTEMPT PETITION (C) NO. 465 OF 2019

IN CIVIL APPEAL NO. 2703 OF 2017

ANRAJ DEVI PETITIONER

VERSUS

DEEPAK KUMAR & ANR. RESPONDENT(S)

ORDER

1. The petitioner in the present contempt petition is aggrieved

by the alleged non-compliance of the order dated 31.08.2017

passed in Civil Appeal No. 2703 of 2017 and batch titled as

“Krishna Nand Yadav & others Vs. Magadh University &

others”.

2. Briefly put, the deceased husband of the petitioner was

appointed as Store Keeper in K.S.M College, Aurangabad. The

claim of the petitioner’s husband regarding absorption was

allowed by Mr. Justice S.B. Sinha (Retd.) One Man Commission Signature Not Verified Digitally signed by NIDHI AHUJA Date: 2025.01.10

(hereinafter referred to as ‘J. Sinha Commission’) vide order 18:08:49 IST Reason:

dated 22.11.2015. The said order was confirmed by this Court 2

vide order dated 31.08.2017 in Krishna Nand Yadav (supra),

subject to furnishing declaration by the petitioner’s husband

regarding continuously working and attending the college

regularly since the date of appointment till date, or in case of

retirement till the date of retirement and that her deceased

husband did not work anywhere else. Vide notification dated

18.09.2018 of Magadh University, the petitioner’s husband was

absorbed w.e.f. 10.12.1985.

3. It is submitted by the petitioner that after death of her

husband, her family pension and post retiral benefits have not

been settled, therefore, appropriate direction may be issued for

such payments.

4. As per above discussions, in our view, it would be

appropriate to direct the authorities to adjudicate all the said

issues through Registrar/Vice Chancellor in view of the judgment

of State of Bihar & others vs Bihar Rajya M.S.E.S.K.K.M &

others (2005) 9 SCC 129 and accordingly, we dispose of this

petition with the following directions: 3

(i) The petitioner may submit representation

along with relevant documents setting up

claim of arrears, if any, of family pension and

post retiral benefits from the date of

absorption upto February 28, 2025 before the

Registrar/Vice Chancellor of the University.

(ii) On receiving the claim, a discrete enquiry be

held affording due opportunity to the legal

representatives of the employee, college

concerned and the representative of the State

if required, and a reasoned order be passed

regarding payment of family pension and

other retiral benefits, if any, within a period of

three months thereafter.

(iii) The claim regarding family pension of

petitioner which has been withheld be

decided counting the period of service, w.e.f.

date of absorption notionally uninfluenced by

the orders dated 11.07.2019, 07.08.2019 and 4

12.02.2021 passed in Contempt Petition (C)

No. 1188 of 2018 in “Baidya Nath

Choudhary Vs. Dr. Sree Surendra Kumar

Singh”.

(iv) After adjudicating the issue of family pension

and arrears, the same be paid adjusting the

amount already paid as expeditiously as

possible but not later than two months from

the date of such order.

(v) In case the petitioner feels dissatisfied by the

order of the Registrar/Vice Chancellor of the

University, she shall be at liberty to take

recourse as permissible before the High

Court.

5

5. In view of the foregoing, the present contempt petition

stands disposed of. Pending interlocutory application(s), if any,

stands disposed of.

……...........………............J. [ J. K. MAHESHWARI ]

……............………...........J. [ RAJESH BINDAL ]

New Delhi;

January 08, 2025.