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J. K. MAHESHWARI, RAJESH BINDAL
Munshi Lal Mahto – Appellant
Versus
Sudhir Tripathy – Respondent
ORDER :
1. The petitioners in the present contempt petition are 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. During hearing, it has been informed that except petitioner No. 4, rest of the petitioners are receiving their legible claims since their respective date of absorption, hence they do not wish to press this contempt petition. Accordingly, the contempt petition in respect of petitioner nos. 1 to 3 and 5 stands dismissed.
3. So far as petitioner No. 4 is concerned, briefly put, he was appointed on the post of Typist in P.P.K. College, Bundu (Ranchi) on 09.09.1985. The claim of the petitioner regarding absorption was allowed by Mr. Justice S.B. Sinha (Retd.) One Man Commission (hereinafter referred to as ‘J. Sinha Commission’) vide order dated 29.10.2015, corrected by order dated 04.12.2015. The said order was 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 appointm
The court directed the university to adjudicate issues of pay fixation and eligibility due to the petitioner's minor status at the time of appointment, emphasizing that contempt proceedings are not s....
The court emphasizes the need for a fact-finding enquiry to resolve issues of salary and pension payment following absorption orders, ensuring compliance with prior court directives.
The court emphasized that issues of salary and pension require factual inquiry and cannot be resolved through contempt proceedings.
The court directed proper adjudication of salary and pension claims, emphasizing no willful non-compliance found regarding salary payments.
The court directed the University to adjudicate the issues of salary and pension for the petitioner based on actual working, emphasizing the need for a discrete inquiry.
Contempt proceedings require adjudication of salary and pension issues through a discrete enquiry by university authorities, emphasizing compliance with court orders.
The court mandated a fact-finding enquiry to resolve disputes over salary and pension payments, ensuring compliance with interim orders and due process.
The court emphasizes the need for factual inquiry into salary Arrears and pension, despite prior non-compliance orders.
The court mandated a fair inquiry into salary and pension claims, emphasizing procedural fairness and adherence to prior absorption orders.
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