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J. K. MAHESHWARI, RAJESH BINDAL
Santosh Kumar Dubey – Appellant
Versus
Sudhir Tripathi – Respondent
| Table of Content |
|---|
| 1. claims of absorption and salary arrears (Para 1 , 2 , 3) |
| 2. arguments on validity of claims and procedures (Para 4 , 5 , 6) |
| 3. court's observations on maintainability and further actions (Para 7 , 8) |
| 4. directions for adjudication of claims (Para 9) |
| 5. conclusion on contempt petition disposition (Para 10) |
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. Briefly put, the petitioners herein were appointed on class III and class IV non-teaching posts in S.S.J.S. Namdhari College, Garwha, Nilamber Pitamber University. By orders dated 04.12.2015, claims of the petitioners nos. 1 to 24 and 26 to 29 regarding absorption and payment of arrears of salary were allowed by Mr. Justice S.B. Sinha (Retd.) 'One Man Commission' (hereinafter referred to as 'J. Sinha Commission'). The said orders were confirmed by this Court vide order dated 31.08.2017 in Krishna Nand Yadav (supra), subject to furnishing declaration by the respective petitioners with regard to their continuous work
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 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.
Contempt proceedings require adjudication of salary and pension issues through a discrete enquiry by university authorities, emphasizing compliance with court 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 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 directed proper adjudication of salary and pension claims, emphasizing no willful non-compliance found regarding salary payments.
The court mandated a fact-finding enquiry to resolve disputes over salary and pension payments, ensuring compliance with interim orders and due process.
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