Premshila Kuer vs Dr. Amrendra Narayan Yadav

CONTEMPT PETITION (C) NOS. 103-104 OF 2019

IN

CIVIL APPEAL NOS. 2788-2789 OF 2017

PREMSHILA KUER PETITIONER

VERSUS

DR. AMRENDRA NARAYAN YADAV & ANR. RESPONDENT(S)

ORDER

1. The petitioner in the present Contempt Petitions 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 employee-Ayodhya Prasad (husband of

petitioner herein) was appointed on the post of Lab In-charge in R.L.S.Y

College. The claim of the employee regarding absorption was allowed

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

referred to as ‘J. Sinha Commission’) vide order dated 13.05.2016.

The said order was approved by this Court vide order dated 31.08.2017

in Krishna Nand Yadav (supra), subject to furnishing declaration by Signature Not Verified Digitally signed by NIDHI AHUJA Date: 2025.01.10 17:47:52 IST Reason:

the employee regarding continuously working and attending the college

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

till the date of retirement and that he did not work anywhere else.

3. The B.R. Ambedkar University, Bihar, vide order dated

18.09.2018 absorbed the deceased employee with effect from

13.05.2016. Since Ayodhya Prasad died on 09.02.2012 and date of

absorption cannot be after the death of the employee, the University

vide corrigendum dated 19.09.2018 changed the said date of

absorption as 12.02.1990. By the said corrigendum, it was clarified

that the period from the date of absorption till death would be counted

as period spent on duty notionally for the purpose of retiral and other

consequential benefits.

4. Later, the University attempted to change the date of absorption

as 09.02.2012, the date of death of the employee, as against

12.02.1990. It was not accepted by the State Government, taking

categorical stand in para 11 of the compliance affidavit filed in

pursuance of the order of this Court dated 02.04.2019.

5. In view of the order of this Court, we are inclined to repel the

arguments of the petitioner that the absorption of the deceased

employee may be treated from the date of declaring the college as

2 constituent college. In view of foregoing, in our view, deceased Ayodhya

Prasad be treated as absorbed with effect from 12.02.1990 and

counting his service notionally, the petitioner is entitled for the salary

of the deceased employee on which he had already worked and family

pension and all consequential retiral benefits.

6. In view of the factual scenario of the matter, counter affidavit of

the State and the tenor of orders passed in subsequent proceedings in

Contempt Petition (C) No. 1188 of 2018 “Baidya Nath Choudhary Vs.

Dr. Sree Surendra Kumar Singh”, we find that the issue regarding

actual working of the deceased-employee, payment of salary and

arrears thereof requires adjudication after fact-finding enquiry which

we are not inclined to hold in these contempt petitions. So far as

stoppage of family 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 family 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 family pension. It is not

reported that affording opportunity, enquiry has been completed,

however, we do not deem it appropriate to keep these matters pending. 3

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

and accordingly, we dispose of these petitions with the following

directions:

(i) The petitioner shall submit her claim along with

relevant documents setting up actual working of the

deceased employee in college in terms of the orders

of absorption claiming salary, and also for family

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 petitioner,

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.

4

(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 12.02.2021 passed in Contempt

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

Choudhary (supra)”.

(iv) After adjudicating the issue of family 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 family 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

family pension, in that event the issue of arrears of

5 salary be governed by direction No. (ii) and family

pension be 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 contempt petitions stand

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

disposed of.

….……………………………., J.

[J.K. MAHESHWARI]

….……………………………., J.

[RAJESH BINDAL]

New Delhi;

January 08, 2025.

6