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J. K. MAHESHWARI, RAJESH BINDAL
Haldhar Prasad Gupta – Appellant
Versus
Deepak Kumar – Respondent
ORDER :
1. The petitioner has filed the present miscellaneous application seeking directions against contemnors to release arrears of salary, pension and other benefits as directed vide order dated 27.02.2019 passed in Contempt Petition (C) No. 110 of 2019 filed in Civil Appeal No. 2703 of 2017 and batch titled as Krishna Nand Yadav and Others vs. Magadh University and Others.
2. Briefly put, the petitioner was appointed on the post of Lab In-charge in Parvati Science College under B.N. Mandal University on 27.09.1978 and confirmed on 22.02.1979. The claim of petitioner regarding absorption was allowed by Mr. Justice S.B. Sinha (Retd.) One Man Commission (hereinafter referred to as ‘J. Sinha Commission’). The said order was confirmed by this Court vide order dated 31.08.2017 passed in Krishna Nand Yadav (supra).
3. For alleged non-compliance, the petitioner filed the Contempt Petition (C) No. 110 of 2019. On 27.02.2019, the Court observed that absorption has been ordered and the payment of the admitted claim has also been made to the petitioner, if there are any remaining arrears, it be paid after verification within four weeks. In this view, accepting unconditional apology, the Conte
The court mandated a fair inquiry into salary and pension claims, emphasizing procedural fairness and adherence to prior absorption orders.
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.
The court emphasized that issues of salary and pension require factual inquiry and cannot be resolved through contempt proceedings.
Contempt proceedings require adjudication of salary and pension issues through a discrete enquiry by university authorities, emphasizing compliance with court orders.
The court emphasized the necessity of a fact-finding enquiry to determine salary and pension claims for petitioners not originally part of the appeal, directing proper adjudication by university auth....
The court emphasizes the need for factual inquiry into salary Arrears and pension, despite prior non-compliance orders.
The court emphasized the necessity of a fact-finding enquiry to determine the actual working status of petitioners for salary and pension claims, as they were not parties to the original appeal.
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 a fact-finding enquiry to resolve issues of salary and pension payment following absorption orders, ensuring compliance with prior court directives.
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