Baidya Nath Choudhary vs Surendra Kumar Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(SC) 100

J. K. MAHESHWARI, RAJESH BINDAL
Baidya Nath Choudhary – Appellant
Versus
Surendra Kumar Singh – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Anil Kumar Jha, AOR
For the Respondent(s): Mr. Azmat Hayat Amanullah, AOR Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv. Mrs. Aishwarya Bhati, A.S.G. Ms. Sonia Mathur, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Piyush Beriwal, Adv. Mr. Sughosh Subramanyam, Adv. Mr. Sabarish Subramanyam, Adv. Mr. Annirudh Sharma Ii, Adv. Mr. Shekhar Kumar, AOR Ms. Pallavi Langar, AOR Ms. Pragya Baghel, Adv. Mrs. Aishwarya Bhati, A.S.G. Ms. Sonia Mathur, Sr. Adv. Mr. Piyush Beriwal, Adv. Mr. Sughosh Subramanyam, Adv. Mr. Sabarish Subramanyam, Adv. Mr. Annirudh Sharma-(ii), Adv. Mr. Arvind Kumar Sharma, AOR Mr. Neeraj Shekhar, AOR Mr. Ashutosh Thakru, Adv. Mr. Manish Kumar Saran, AOR Mr. Atul Jha, Adv. Mr. Dharmendra Kumar Sinha, Adv.

ORDER

1. The petitioner in the present Contempt Petition is 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. Briefly put, the petitioner was appointed as a Lecturer in R.L. College Madhav Nagar. 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 21.11.2014. 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 appointment till date, or in case of retirement till the date of retirement and that he did not work anywhere else.

3. Upon issuance of notice, the University vide order dated 09.12.2018 absorbed the petitioner with effect from 21.04.1995 and not from the date of his confirmation by the University on the sanctioned post. University on 26.07.2019 modified the previous order treating the petitioner absorbed with effect from 15.

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