DR. YUGESHWAR YADAV Vs. SANJAY KUMAR

JUDGEMENT

(1.) The petitioner in the present contempt petition has approached inter-alia contending that by virtue of the interim orders dtd. 11/7/2019 and 7/8/2019 passed in Contempt Petition (C) No. 1188 of 2018 titled as "Baidya Nath Choudhary Vs. Dr. Sree Surendra Kumar Singh" in Civil Appeal No. 2703 of 2017 and batch titled as "Krishna Nand Yadav & others Vs. Magadh University & others", his arrears of salary and pension have not been finalized, which may amount to disobedience of the order of this Court.

(2.) Briefly put, the petitioner was appointed on the post of lecturer. 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'). The said order was confirmed by this Court vide order dtd. 31/8/2017 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. Vide notification dtd. 13/7/2018 of the Magadh University, he was absorbed.

(3.) In the present case, the State of Bihar filed counter affidavit stating that ascertainable arrears of salary of actual working days have been paid. It is also said that pursuant to the orders dtd. 11/7/2019 and 7/8/2019 passed in Contempt Petition (C) No. 1188 of 2018 Baidya Nath Choudhary (supra) two members enquiry committee found that petitioner has not worked for certain duration(s), hence, some amount is recoverable. Therefore, for demand of arrears of salary, no case of deliberate or willful non- compliance can be made out.