PREMSHILA KUER Vs. DR. AMRENDRA NARAYAN YADAV

JUDGEMENT

(1.) The petitioner in the present Contempt Petitions is aggrieved by the alleged non-compliance of the order dtd. 31/8/2017 passed in Civil Appeal No. 2703 of 2017 and batch titled as "Krishna Nand Yadav & others Vs. Magadh University & others".

(2.) Briefly put, the deceased employee-Ayodhya Prasad (husband of petitioner herein) was appointed on the post of Lab In-charge in R.L.S.Y College. The claim of the employee regarding absorption was allowed by Mr. Justice S.B. Sinha (Retd.) One Man Commission (hereinafter referred to as 'J. Sinha Commission') vide order dtd. 13/5/2016. The said order was approved by this Court vide order dtd. 31/8/2017 in Krishna Nand Yadav (supra), subject to furnishing declaration by the employee 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.

(3.) The B.R. Ambedkar University, Bihar, vide order dtd. 18/9/2018 absorbed the deceased employee with effect from 13/5/2016. Since Ayodhya Prasad died on 9/2/2012 and date of absorption cannot be after the death of the employee, the University vide corrigendum dtd. 19/9/2018 changed the said date of absorption as 12/2/1990. By the said corrigendum, it was clarified that the period from the date of absorption till death would be counted as period spent on duty notionally for the purpose of retiral and other consequential benefits.