Haldhar Prasad Gupta vs Deepak Kumar

MISC. APPLICATION NO. OF 2025 [@ DIARY NO. 38122 OF 2024] IN CONTEMPT PETITION (C) NO. 110 OF 2019 IN CIVIL APPEAL NO. 2703 OF 2017

HALDHAR PRASAD GUPTA PETITIONER

VERSUS

DEEPAK KUMAR & ORS. RESPONDENT(S)

ORDER

1. The petitioner has filed the present miscellaneous

application seeking directions against contemnors to release

arrears of salary, pension and other benefits as directed vide

order dated 27.02.2019 passed in Contempt Petition (C) No. 110

of 2019 filed 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 on the post of Lab

In-charge in Parvati Science College under B.N. Mandal

University on 27.09.1978 and confirmed on 22.02.1979. The Signature Not Verified Digitally signed by NIDHI AHUJA claim of petitioner regarding absorption was allowed by Mr. Date: 2025.01.10 18:18:12 IST Reason:

Justice S.B. Sinha (Retd.) One Man Commission (hereinafter

1 referred to as ‘J. Sinha Commission’). The said order was

confirmed by this Court vide order dated 31.08.2017 passed in

Krishna Nand Yadav (supra).

3. For alleged non-compliance, the petitioner filed the

Contempt Petition (C) No. 110 of 2019. On 27.02.2019, the

Court observed that absorption has been ordered and the

payment of the admitted claim has also been made to the

petitioner, if there are any remaining arrears, it be paid after

verification within four weeks. In this view, accepting

unconditional apology, the Contempt Petition was disposed of.

4. Even after service, no counter has been filed in the present

application.

5. Having considered the submissions, indisputably, after

order of J. Sinha Commission, the petitioner’s absorption was

notified on 18.09.2018. He has already attained the age of

superannuation on 30.11.2016. In view of the orders dated

11.07.2019 and 07.08.2019 of this Court in Contempt Petition

(C) No. 1188 of 2018 titled as “Baidya Nath Choudhary Vs. Dr.

Sree Surendra Kumar Singh” his pension has been put on

hold. Thus, the issue of payment of arrears of salary verifying

2 the absence period and actual working days after an enquiry,

and the stoppage of pension are the issues, which require

adjudication.

6. In view of the factual scenario of the matter and the tenor

of the orders passed in subsequent proceedings in Baidya Nath

Choudhary (supra), we find that the issue regarding actual

working of the petitioner, payment of salary and arrears thereof

require adjudication after fact-finding enquiry, which we are not

inclined to hold in this application. 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 an issue. These orders relate to the

fact that the absorbed employees have 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 affording opportunity enquiry has been

completed, however, we do not deem it appropriate to keep these

matters pending.

7. It is seen that in the case of the petitioner, the order of

absorption have been passed by the concerned university after

the order of J. Sinha Commission, hence, it would be

3 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 application 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

4 of service, w.e.f. the date of absorption notionally

uninfluenced by the orders dated 11.07.2019,

07.08.2019 and 12.02.2021 passed in Contempt

Petition (C) No. 1188 of 2018 in Baidya Nath

Choudhary (supra).

(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 in 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 prescribed.

(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

5 governed by direction (iii).

(vii) In case, the parties feel dissatisfied by the orders of

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 miscellaneous

application stands disposed of. Pending interlocutory

application(s), if any, also stands disposed of.

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

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

New Delhi;

January 08, 2025.

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