Supreme Court of India
Premshila Kuer vs Dr. Amrendra Narayan Yadav on 8 January, 2025
Author: J.K. Maheshwari
Bench: Rajesh Bindal, J.K. Maheshwari
IN THE SUPREME COURT OF INDIA
2025 INSC 57
INHERENT JURISDICTION
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
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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
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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.
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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.
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(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
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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.
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