Magadh University Employment Dispute: Supreme Court Directs Fresh Inquiry on Salary and Pension Claims
The Supreme Court, in the case of Gopal Sharan Singh & Ors. vs. Deepak Kumar & Ors., addressed contempt petitions concerning non-compliance with its previous orders regarding the absorption and salary disbursement of employees in Magadh University. The petitioners alleged that despite court directives, their arrears and pension payments had been withheld. The Court dismissed the contempt petitions but directed a fresh inquiry to adjudicate their claims.
Background of the Case
The petitioners, who had been working in different colleges under Magadh University, argued that their claims for absorption had been approved by the J. Sinha Commission. Following this, the Supreme Court, in its 2017 ruling in Krishna Nand Yadav & Ors. vs. Magadh University & Ors., had confirmed their absorption subject to certain conditions, including proof of continuous employment.
Despite being formally absorbed by the university on various dates, the petitioners claimed that their arrears of salary and pensions had not been paid, leading them to file contempt petitions against university officials and the State of Bihar.
Key Legal Issues
- Whether Magadh University and the State of Bihar had failed to comply with the Supreme Court’s earlier order regarding employee absorption and salary disbursement.
- Whether the non-payment of arrears and pension constituted contempt of court.
- Whether further inquiry was required to determine the petitioners’ entitlement to salary and pension payments.
Petitioners’ Arguments
- The J. Sinha Commission had clearly directed their absorption.
- The Supreme Court had validated these orders, yet the authorities had failed to comply.
- Despite being formally absorbed, they had not received their salaries and pensions.
- The university’s refusal to release payments was a deliberate violation of court orders, amounting to contempt.
Respondents’ Arguments
- The absorption orders were subject to verification of continuous employment, which had not been completed.
- A previous two-member inquiry committee had found discrepancies in some petitioners’ attendance records.
- Salary for ascertainable working days had already been paid.
- Proper attendance records were unavailable for some petitioners, making it impossible to calculate arrears accurately.
Supreme Court’s Observations
1. Absorption Confirmed but Salary and Pension Claims Require Further Inquiry
The Court acknowledged that the petitioners had been absorbed into Magadh University through official notifications. However, the issue of pending salary arrears and pensions required additional fact-finding.
2. No Willful Non-Compliance
The Court found that the university and state authorities had taken steps to process salary payments but were hindered by incomplete attendance records. The Court ruled:
“We find that the issues regarding actual working of the individual petitioner, payment of salary and arrears thereof require adjudication after a fact-finding enquiry, which we are not inclined to decide in these Contempt Petitions.”
3. Directed Fresh Inquiry into Salary and Pension Claims
The Court ordered that each petitioner must submit their claims, along with supporting documents, before the Registrar or Vice-Chancellor of Magadh University. A proper inquiry must then be conducted to determine the rightful dues.
Final Directives from the Supreme Court
- Each petitioner must submit their claim for pending salary and pension before the university authorities.
- A fresh inquiry will be conducted to verify attendance and working days.
- If discrepancies are found, the concerned petitioner will be given an opportunity to clarify their claim.
- After adjudicating the issue, the university must release pending salary and pension within two months.
- If excess payments have been made, the university will have the right to recover them as per law.
Conclusion
The Supreme Court dismissed the contempt petitions, holding that there was no willful defiance of court orders. However, it directed a structured process to resolve pending salary and pension claims, ensuring fair treatment for the petitioners while protecting the university from wrongful payments.
Petitioner Name: Gopal Sharan Singh & Ors..Respondent Name: Deepak Kumar & Ors..Judgment By: Justice J.K. Maheshwari, Justice Rajesh Bindal.Place Of Incident: Magadh University, Bihar.Judgment Date: 08-01-2025.
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