JAI KRISHNA PRASAD YADAV Vs. DEEPAK KUMAR

JUDGEMENT

(1.) The present petitions have been filed alleging non-compliance of the order dtd. 31/8/2017 passed by this Court in Civil Appeal No. 2703 of 2017 and batch titled as "Krishna Nand Yadav & others Vs. Magadh University & others", whereby, this Court approved the order of Hon'ble Mr. Justice S.B. Sinha (Retd.) One Man Commission (hereinafter referred to as 'J. Sinha Commission'), directing the State to comply with the order within a period of three months, subject to furnishing declaration of petitioner that he had been 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.

(2.) It is now the grievance of the petitioners that even after recommendation of J. Sinha Commission and orders passed in their favour, as accepted by this Court, the benefit of arrears of salary and pension have not been granted by the authorities in view of the orders passed in subsequent proceedings.

(3.) We have heard learned counsel for the parties and considered the submissions, in the facts, it is not in dispute that the petitioners in these contempt petitions were not party in Civil Appeal No. 2703 of 2017 and batch titled as Krishna Nand Yadav (supra). While the petitioners contend that during absorption period they have actually worked, the said fact has been disputed by the respondents in their counter affidavit, inter-alia, submitting that the arrears of salary of such period is not payable as they have not worked.