Supreme Court directs university to adjudicate absorbed employee's salary and pension claims through Registrar/VC; contempt petition disposed

A bench of Justices J.K. Maheshwari and Rajesh Bindal heard a contempt petition arising from alleged non‑compliance of this Court's order dated 31.08.2017 in Civil Appeal No. 2703 of 2017 (Krishna Nand Yadav & others v. Magadh University & others). The petitioners contended that orders of the One‑Man Commission and this Court directing payment of salary had not been fully implemented, and sought contempt proceedings against relevant authorities.

The Court disposed of the contempt petition while limiting its scope. It entertained the petition only on behalf of petitioner No.1, Prashant Bandyopadhyay, and dismissed the claim of petitioner No.2 (Hiralal Ram) as he had expired and no favourable order in his favour by the J. Sinha Commission was shown. The Court noted that the State of Jharkhand had already released arrears pertaining to the period after the creation of Jharkhand, and that claims for arrears prior to bifurcation could not be adjudicated in the present petition because no contemnor from the State of Bihar had been joined. The Court recorded that an enquiry committee had found "discrepancies in attendance register and was not in a position to verify the absence period and the actual working period," and therefore "no case of deliberate or willful non‑compliance can be made out." The Court directed adjudication of the remaining disputes by the University authorities and provided detailed timelines and procedural directions. The Court, in its reasoning, observed: "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:" The Court also recorded that "we do not deem it appropriate to keep these matters pending."

Background The dispute arose from the appointment of Prashant Bandyopadhyay as a Routine Clerk at ABM College, Jamshedpur. A One‑Man Commission under Mr. Justice S.B. Sinha (Retd.) allowed his claim for salary by order dated 23.01.2016; this Court confirmed that order on 31.08.2017 subject to the petitioner furnishing a declaration of continuous service and non‑employment elsewhere. A Kolhan University notification dated 15.09.2018 recorded his absorption with effect from 22.10.1986. The petitioner received arrears payable from the date of creation of Jharkhand (15.11.2000) until superannuation (31.08.2016) but sought arrears for the period between absorption and bifurcation. The State of Jharkhand, in its affidavit, relied on an enquiry pursuant to earlier orders in related contempt proceedings which reportedly found discrepancies in attendance records and therefore held that the government could not be said to have willfully disobeyed the Court's directions. The Supreme Court found that the period prior to bifurcation implicated the State of Bihar and, since Bihar was not made a party, adjudication of those claims could not be undertaken in the contempt petition. The Court directed petitioner No.1 to submit a claim with supporting documents before the Registrar/Vice‑Chancellor; it directed a discrete enquiry with opportunity to parties and a reasoned order within three months, decision on pension counting service from date of absorption (notwithstanding certain earlier orders in related proceedings), payment of amounts due within two months of adjudication (adjusting sums already paid), and quantification and recovery procedures if any excess payments were found. The Court granted liberty to aggrieved parties to approach the High Court against the Registrar/VC's order. The contempt petition stood disposed; interlocutory applications, if any, were also disposed.

Case Details: Case No.: Contempt Petition (C) No. 735 of 2019 in Civil Appeal No. 2703 of 2017 Case Title: Prashant Bandyopadhyay & Anr. v. Sudhir Tripathi & Ors. Appearances: For the Petitioner(s): Prashant Bandyopadhyay (Petitioner No.1); Hiralal Ram (Petitioner No.2, deceased) — Advocates not indicated in the order For the Respondent(s): Sudhir Tripathi & Ors. — Advocates not indicated in the order

Date of Order: January 8, 2025 Court/Bench: Supreme Court of India; J. K. Maheshwari and Rajesh Bindal, JJ.