Supreme Court directs university to adjudicate withheld family pension and retiral dues through Registrar; contempt petition disposed

A bench of Justice J.K. Maheshwari and Justice Rajesh Bindal heard a contempt petition alleging non‑compliance of the Supreme Court's order dated 31.08.2017 in Civil Appeal No. 2703 of 2017 (Krishna Nand Yadav & others v. Magadh University & others), and considered the widow's claim for family pension and other post‑retiral benefits payable on account of her deceased husband's absorption.

The Court disposed of the contempt petition and directed administrative adjudication by the University. It held that the petitioner should submit a fresh representation with relevant documents and that the Registrar/Vice‑Chancellor must hold "a discrete enquiry be held affording due opportunity to the legal representatives of the employee, college concerned and the representative of the State if required, and a reasoned order be passed regarding payment of family pension and other retiral benefits, if any, within a period of three months thereafter." 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 bench further ordered that any decision on family pension should be taken "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."

Background The petitioner was the widow of a deceased employee who had been appointed as Store Keeper at K.S.M. College, Aurangabad. A One‑Man Commission headed by Mr. Justice S.B. Sinha (Retd.) allowed the husband's claim for absorption by order dated 22.11.2015. This Court confirmed the absorption in its order dated 31.08.2017 in Civil Appeal No. 2703 of 2017, subject to the employee furnishing a declaration regarding continuous service and non‑employment elsewhere. Magadh University later issued a notification dated 18.09.2018 recording absorption with effect from 10.12.1985. After the husband's death, the petitioner alleged that family pension and post‑retiral benefits remained unsettled and filed the present contempt petition for enforcement of the earlier order.

Relying on the principle in State of Bihar & others v. Bihar Rajya M.S.E.S.K.K.M. & others (2005) 9 SCC 129, the Supreme Court directed institutional adjudication by the University rather than initiating contempt reliefs for quantification of monetary entitlements. The Court allowed the petitioner to "submit representation along with relevant documents setting up claim of arrears, if any, of family pension and post retiral benefits from the date of absorption upto February 28, 2025 before the Registrar/Vice Chancellor of the University." On receipt, the University was to conduct a discrete inquiry, pass a reasoned order within three months, and thereafter pay any admitted arrears after adjusting amounts already paid, within two months. The Court recorded that if the petitioner remained dissatisfied with the Registrar/VC's order, she would have liberty to seek appropriate remedies before the High Court. The contempt petition and pending interlocutory applications stood disposed of. The order was rendered at New Delhi on January 8, 2025.

Case No.: Contempt Petition (C) No. 465 of 2019 in Civil Appeal No. 2703 of 2017 Case Title: Anraj Devi v. Deepak Kumar & Anr. Appearances: For the Petitioner(s): Not indicated in the order For the Respondent(s): Not indicated in the order