Baidya Nath Choudhary vs Dr. Sree Surendra Kumar Singh
- Neutral2025 INSC 74
Ratio decidendi
The rule this decision rests on
Where a contempt petition concerns disputes over salary arrears and pension entitlements of an employee whose absorption has been confirmed by court order, but the underlying factual question of whether the employee actually worked during the relevant period remains contested and unadjudicated, the Supreme Court will not resolve those factual disputes itself in contempt proceedings, but will instead direct the competent administrative authority (the Registrar/Vice Chancellor) to conduct a discrete enquiry affording due opportunity to all parties before determining the employee's entitlements. Where pension of an absorbed employee has been withheld by court orders made in interim proceedings of a contempt petition, and the question arises whether that employee is entitled to pension counted from the date of absorption notionally, the pension claim must be decided by the competent authority counting service from the date of absorption as notified, uninfluenced by those interim orders, though prolonged periods of absence shall be dealt with according to the relevant rules. Where an absorbed employee claims both salary arrears and pension, and excess amounts may have been paid under either head, the competent authority shall quantify any such excess and the employer shall be at liberty to recover it following permissible procedure, after the claims have been adjudicated on their merits.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
CONTEMPT PETITION (C) NO. 1188 OF 2018
IN
CIVIL APPEAL NO. 2703 OF 2017
BAIDYA NATH CHOUDHARY PETITIONER
VERSUS
DR. SREE SURENDRA KUMAR SINGH RESPONDENT
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 petitioner was appointed as a Lecturer in R.L.
College Madhav Nagar. The claim of the petitioner regarding absorption
was allowed by Mr. Justice S.B. Sinha (Retd.) One Man Commission
(hereinafter referred to as ‘J. Sinha Commission’) vide order dated
21.11.2014. The said order was confirmed by this Court vide order
dated 31.08.2017 in Krishna Nand Yadav (supra), subject to
furnishing declaration by the petitioner regarding continuously Signature Not Verified Digitally signed by NIDHI AHUJA
working and attending the college regularly since the date of Date: 2025.01.15 17:17:00 IST Reason:
1
appointment till date, or in case of retirement till the date of retirement
and that he did not work anywhere else.
3. Upon issuance of notice, the University vide order dated
09.12.2018 absorbed the petitioner with effect from 21.04.1995 and
not from the date of his confirmation by the University on the
sanctioned post. University on 26.07.2019 modified the previous order
treating the petitioner absorbed with effect from 15.12.1993. Later,
vide order dated 01.10.2019, by a partial modification the date of
absorption was accepted w.e.f. 12.09.1976, i.e., the date on which
petitioner was confirmed on the sanctioned post.
4. In the present case, the State of Bihar filed counter-affidavit
stating that his arrears of salary are not payable as he has not worked
from the date of absorption, hence, not entitled for payment.
5. Having considered the submissions, we find that undisputedly,
after order of J. Sinha Commission, the petitioner’s absorption was
notified as mentioned above. He has already attained the age of
superannuation on 31.10.2018. Further, in view of the orders dated
11.07.2019 and 07.08.2019 of this Court in the present Contempt
Petition, his pension was put on hold. Thus, the issue of payment of
2 arrears of salary verifying the absence period and actual working days
and the stoppage of pension are the issues, which require adjudication.
6. In view of the factual scenario of the matter, counter affidavit of
the State and the tenor of the orders passed in subsequent proceedings
in the present Contempt Petition, we find that the issue regarding
actual working of the petitioner, payment of salary and arrears thereof
requires adjudication after fact-finding enquiry which we are not
inclined to hold in this Contempt Petition. So far as stoppage of
pension is concerned, we make it clear that in the orders dated
11.07.2019, 07.08.2019 and 12.02.2021, the issue regarding payment
of pension was not there. These orders relate to the fact that the
absorbed employees had received the salaries for the period in which
they have not actually worked. Therefore, the Court directed for no
further payment even for pension. It is not reported that after affording
opportunity enquiry has been completed, however, we do not deem it
appropriate to keep these matters pending.
7. 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
3 and accordingly, we dispose of this petition with the following
directions:
(i) The petitioner shall submit his claim along with
relevant documents setting up his actual working in
college in terms of the orders of absorption claiming
salary, and also for pension from the date of
absorption upto February 28, 2025 before the
Registrar/Vice Chancellor of the University.
(ii) On receiving the claim of salary, a discrete enquiry
be held affording due opportunity to the employee,
college concerned and the representative of the
State if required, and a reasoned order be passed
regarding payment of salary and arrears, if any,
within a period of three months thereafter.
(iii) The claim regarding 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 12.02.2021 passed in this
Contempt Petition. However, if there is prolonged
4 period of absence, the same shall be dealt with by
the competent authority in accordance with the
relevant rules.
(iv) After adjudicating the issue of pension and arrears
the same be paid adjusting the amount already paid
as expeditiously as possible not later than two
months from the date of such order.
(v) Upon adjudication, if it is found that any excess
amount has been paid either under the head of
salary or pension, it be quantified and the
university/college/state as the case may be, shall
be at liberty to take recourse to recover the same
following the procedure as permissible.
(vi) We make it clear that if the employees have
submitted the joint claim of arrears of salary and
pension, in that event the issue of arrears of salary
be governed by direction No. (ii) and pension be
governed by direction (iii).
(vii) In case, the parties feel dissatisfied by the orders of
5 the Registrar/Vice Chancellor of the University,
they shall be at liberty to take recourse as
permissible before the High Court.
8. 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.
6
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free