Supreme Court Directs Fresh Inquiry on Magadh University Lecturer’s Salary and Pension Dispute
The Supreme Court, in its judgment in Dr. Yugeshwar Yadav vs. Sanjay Kumar & Ors., addressed a contempt petition concerning the non-payment of salary arrears and pension to a university lecturer. The petitioner alleged that despite a previous ruling confirming his employment absorption, his payments remained withheld. The Court ruled that no deliberate contempt was made out but directed a structured inquiry to resolve the pending financial claims.
Background of the Case
The petitioner, Dr. Yugeshwar Yadav, was appointed as a lecturer and later absorbed into Magadh University, following the recommendation of the J. Sinha Commission. The Supreme Court had previously upheld his absorption in its 2017 ruling in Krishna Nand Yadav & Ors. vs. Magadh University & Ors., subject to verification of continuous employment.
Despite an absorption notification issued on 13.07.2018, Dr. Yadav claimed that his full salary arrears were not paid, and his pension had been withheld based on interim orders from 2019. The State of Bihar, however, argued that he had not worked for certain periods and that some excess payments were recoverable.
Key Legal Issues
- Whether the State of Bihar and Magadh University failed to comply with the Supreme Court’s prior ruling on salary and pension disbursement.
- Whether the withholding of salary and pension constituted contempt of court.
- Whether a fresh inquiry was required to determine the petitioner’s entitlement to arrears and pension.
Petitioner’s Arguments
- The Supreme Court had confirmed his absorption, and he was entitled to receive his full salary arrears and pension.
- The university had already verified his eligibility and recommended payment, but the state 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 ascertainable working days had been paid, but some amounts were recoverable.
- 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, the authorities had taken steps to process payments. However, discrepancies in records required further verification before any final payment.
“We find that the issues regarding actual working of the petitioner, payment of salary, arrears and excess payment require adjudication after a fact-finding enquiry, which we are not inclined to hold in this Contempt Petition.”
2. Further Inquiry into Arrears and Pension Claims
The Court directed that Dr. Yadav must submit his claim before the Registrar/Vice-Chancellor of the university, who must verify his employment period and issue a reasoned order.
“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 a structured process to resolve the salary and pension claims fairly.
Conclusion
This judgment underscores the importance of administrative transparency in university employment disputes. While the Supreme Court ensured a fair resolution for the petitioner, it also reinforced that contempt proceedings cannot replace proper fact-finding inquiries. The ruling provides a legal framework for handling similar cases in the future.
Petitioner Name: Dr. Yugeshwar Yadav.Respondent Name: Sanjay 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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