Supreme Court of India
Shyam Narayan Singh vs Sanjay Kumar on 8 January, 2025
Author: J.K. Maheshwari
Bench: Rajesh Bindal, J.K. Maheshwari
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.
1
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.
7
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.
8