Magadh University Salary Dispute: Supreme Court Directs Fresh Inquiry into Arrears and Pension Claims
The Supreme Court of India, in its recent judgment in Prashant Bandyopadhyay & Anr. vs. Sudhir Tripathi & Ors., addressed a contempt petition related to the non-compliance of an earlier ruling regarding the absorption and salary payments of university employees. The petitioner, Prashant Bandyopadhyay, alleged that despite a Supreme Court ruling, his salary arrears from his date of absorption were not paid in full. The Court ruled that while no case of deliberate contempt was made out, a fresh inquiry must be conducted to settle the salary and pension claims.
Background of the Case
The dispute revolved around the absorption of employees in Magadh University following a series of administrative decisions. Prashant Bandyopadhyay, the petitioner, was appointed as a Routine Clerk in ABM College, Jamshedpur. His claim regarding salary payment was allowed by the J. Sinha Commission, and the Supreme Court, in its 2017 ruling in Krishna Nand Yadav & Ors. vs. Magadh University & Ors., confirmed his entitlement to salary payments subject to verification.
However, despite his absorption into Kolhan University via a notification dated 15.09.2018, effective from 22.10.1986, the petitioner alleged that he had only received salary arrears from 15.11.2000 (the date of Jharkhand’s bifurcation) to 31.08.2016 (his superannuation). The arrears from his absorption date to the bifurcation of Jharkhand remained unpaid, prompting him to file a contempt petition against the authorities.
Key Legal Issues
- Whether the State of Jharkhand and Magadh University failed to comply with the Supreme Court’s previous ruling on salary disbursement.
- Whether the withholding of salary arrears from the date of absorption to the bifurcation of Jharkhand constituted contempt of court.
- Whether a fresh inquiry was necessary to verify the petitioner’s entitlement to pending arrears and pension.
Petitioners’ Arguments
- The Supreme Court had confirmed his entitlement to salary payments, yet arrears from 22.10.1986 to 15.11.2000 had not been paid.
- The university had submitted a chart on 13.09.2018, recommending payment, but the State of Jharkhand failed to act.
- Withholding payments despite clear court orders amounted to willful contempt.
Respondents’ Arguments
- An inquiry found discrepancies in the petitioner’s attendance records, making it difficult to verify his actual working period.
- Salary for the period after the bifurcation of Jharkhand had already been paid.
- No deliberate non-compliance had occurred; rather, the matter required further fact-finding.
Supreme Court’s Observations
1. No Willful Contempt Was Found
The Court ruled that while there were delays and complications, the authorities had taken steps to comply with the earlier order. The discrepancies in attendance records required a further inquiry before any arrears could be granted.
“On perusal of the documents produced, the claim regarding his working in the State of Bihar is not ascertainable. So far as his working in the State of Jharkhand, salary has already been decided and paid.”
2. Further Inquiry into Arrears and Pension Claims
The Court directed that the petitioner must submit his claim again before the Registrar/Vice-Chancellor of the university for further verification and a final decision on his salary and pension.
“In our view, it would be appropriate to direct the authorities to adjudicate all the said issues through Registrar/Vice Chancellor.”
3. Clear Procedure Established for Salary and Pension Resolution
The Court laid out specific guidelines for resolving the matter:
- The petitioner must submit relevant documents proving his work period.
- A detailed inquiry must be conducted by the university, involving the college and state representatives.
- A reasoned order must be passed within three months.
- Pension payments must be decided independently of previous salary disputes.
- If excess payments have been made earlier, the university may recover them following due process.
Final Verdict
The Supreme Court dismissed the contempt petition, ruling that there was no deliberate defiance of court orders. However, it directed that all outstanding salary and pension claims be adjudicated through a structured inquiry process.
Conclusion
This judgment underscores the importance of administrative clarity in university employment matters. While the Supreme Court ensured that the petitioner’s claims would be reviewed fairly, it also reinforced that contempt proceedings cannot be used as a substitute for proper fact-finding inquiries. The case sets an important precedent for resolving salary disputes involving long-standing university employees.
Petitioner Name: Prashant Bandyopadhyay & Anr..Respondent Name: Sudhir Tripathi & Ors..Judgment By: Justice J.K. Maheshwari, Justice Rajesh Bindal.Place Of Incident: Kolhan University, Jharkhand.Judgment Date: 08-01-2025.
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