Shyam Narayan Singh vs Sanjay Kumar

2025 INSC 66 IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION CONTEMPT PETITION (C) NO. 449 OF 2021 IN CONTEMPT PETITION (C) NO. 1188 OF 2018 IN CIVIL APPEAL NO. 2703 OF 2017 DR. SHYAM NARAYAN SINGH AND ORS. PETITIONER(S)

VERSUS SANJAY KUMAR AND ORS. RESPONDENT(S)

ORDER

1. The petitioners in the present contempt petition have

approached this Court inter-alia contending that by virtue of the

interim orders dated 11.07.2019 and 07.08.2019 passed in

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

Choudhary Vs. Dr. Sree Surendra Kumar Singh” in Civil Appeal No.

2703 of 2017 and batch titled as “Krishna Nand Yadav & others

Vs. Magadh University & others”, arrears of salary and pension

have not been finalized, which may amount to disobedience of the Signature Not Verified Digitally signed by NIDHI AHUJA Date: 2025.01.10 18:13:34 IST Reason: order of this Court.

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2. Briefly put, the petitioners were appointed on various posts in

different colleges under Magadh University. Their claims regarding

absorption were allowed by Mr. Justice S.B. Sinha (Retd.) One Man

Commission (hereinafter referred to as ‘J. Sinha Commission’)

passing orders on different dates. The said orders were confirmed by

this Court vide order dated 31.08.2017 in Krishna Nand Yadav

(supra), subject to furnishing declaration by the petitioner 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 he did not work anywhere else. However, the

compliance of the said order is sought in true sense and spirit.

3. The petitioner Nos. 1 to 4 and 6 to 10 submit that arrears of

salary which were earlier stopped by the Magadh University have

been received by them. However, because of the orders dated

11.07.2019 and 07.08.2019, their pension and other benefits have

not been paid. The petitioner No. 5 alleges that even after his

absorption arrears of salary from May, 2008 have not been paid.

4. In the present case, the State of Bihar filed counter affidavit

stating that the petitioners have been paid their regular current

2 salary, however, the other payments were kept in abeyance in the

light of the orders dated 11.07.2019 and 07.08.2019 passed in

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

(supra). It is submitted that on the issue of their actual working from

the date of absorption fact finding enquiry is necessary, however, it

is not a case of deliberate or willful non-compliance.

5. Having considered the submissions, indisputably, after order of

J. Sinha Commission, the absorption of the petitioners was notified

by Magadh University on different dates, vide different orders. The

details are as under: -

Name Date of Absorption w.e.f. Date of notification the following date superannuation P1 – Dr. Shyam 13.07.2018 14.02.1983 30.11.2020 Narayan Singh P2 - Dr. Krishna 13.07.2018 14.02.1983 30.04.2015 Kumar Navin P3 - Dr. Mundrika 18.08.2018 N/A 31.07.2009 Prasad P4 - Md. Gulam 13.07.2018 09.05.1988 30.09.2020 Samdani P5 - Dr. Shree Niwas 18.09.2018 N/A In service Pandey P6 - Sri Harihar 13.07.2018 19.03.1986 30.11.2015 Prasad Singh P7 - Sri Vidya 18.08.2018 N/A 31.01.2018 Bhushan Prasad P8 - Sri Brij Bihari 18.09.2018 N/A 31.01.2021 Singh P9 - Sri Rajendra Pd. 13.07.2018 19.03.1986 31.01.2019 Singh

3 P10 - Brij Mohan 13.07.2018 19.03.1986 31.12.2015 Prasad

6. As informed by the parties, except petitioner No. 5, all other

petitioners have attained the age of superannuation. It is contended

that the regular salary was paid as per order dated 14.01.2020, but

in view of the orders dated 11.07.2019 and 07.08.2019 passed in

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

(supra), pension and other dues are put on hold. Thus, the issue of

payment of arrears of salary after verifying actual working period

after an enquiry and the payment of pension are the issues which

require adjudication.

7. 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 Contempt Petition (C) No. 1188 of 2018 Baidya Nath

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

of the individual 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

4 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 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 after

affording opportunity enquiry has been completed, however, we do

not deem it appropriate to keep these matters pending.

8. 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:

(i) The individual 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

5 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 Contempt

Petition (C) No. 1188 of 2018 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

6 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 of

pension 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.

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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.

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