Nand Bahadur Singh vs. Anjani Kumar Singh

ITEM NO. 41+58 COURT NO.8 SECTION XVI

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Item No.41 :

CONMT.PET. (C) No.832/2018 in C.A.No.2703/2017

RAVINDRA KUMAR & ORS.

Petitioner(s)

VERSUS

ANJANI KUMAR SINGH & ORS.

Respondent(s)

WITH

CONMT.PET.(C) No.885/2018 in C.A.No.2792/2017 (XVI)

CONMT.PET. (C) Nos. 927-933/2018 in C.A.Nos. 2760-2766/2017 (XVI) CONMT.PET. (C) Nos. 950-951/2018 in C.A.Nos. 2788-2789/2017 (XVI) CONMT.PET. (C) Nos. 948-949/2018 in C.A.Nos. 2788-2789/2017 (XVI) CONMT.PET. (C) No.887/2018 in C.A.No.2703/2017 (XVI) CONMT.PET.(C) No.1188/2018 in C.A.No.2703/2017 (XVI) (With appln.(s) for exemption from filing O.T.)

CONMT.PET. (C) No.886/2018 in C.A. No.2703/2017 (XVI) (With appln. for permission to file contempt petition)

CONMT.PET. (C) No. 981/2018 in C.A.No. 2703/2017 (XVI) CONMT.PET. (C) No.1027/2018 in C.A.No.2703/2017 (XVI) CONMT.PET. (C) No.1028/2018 in C.A. No.2703/2017 (XVI) CONMT.PET. (C) No.1029/2018 in C.A. No.2703/2017 (XVI) CONMT.PET.(C) No.1030/2018 in C.A. No.2703/2017 (XVI) CONMT.PET. (C) Nos.1033-1034/2018 in C.A.Nos.2788-2789/2017 (XVI)

CONMT.PET. (C) Nos.1031-1032/2018 in C.A.Nos.2788-2789/2017 (XVI) (With appln.(s) seeking exemption from filing O.T.)

CONMT.PET.(C) No.1223/2018 in C.A.No.2703/2017 (XVI)

<pre>Item No.58 :</pre>

CONMT.PET. (C) No.1746/2018 in C.A.No.2703/2017

Signal Mark 1987. (C) Nos.1742-1743/2018 in C.A.Nos.2788-2789/2017 <pre>%XMT.PET. (C) Nos.1744-1745/2018 in C.A.Nos.2788-2789/2017</pre> ^16:31:10 $\mathbf{P}^{\mathbf{RT}}_{\mathbf{R}^{\mathbf{2850}}}$ (with appln.(s) for exemption from appointment of official translator)

CONMT.PET. (C) Nos.1747/2018 in C.A.Nos.2703/2017 CONMT.PET. (C) Nos.1748/2018 in C.A.Nos.2703/2017 CONMT.PET.(C)Nos.1749/2018 in C.A.Nos.2703/2017 CONMT.PET.(C)Nos.1750/2018 in C.A.Nos.2703/2017 CONMT.PET.(C)Nos.1754/2018 in C.A.Nos.2703/2017 CONMT.PET.(C)Nos.1755/2018 in C.A.Nos.2703/2017 CONMT.PET.(C)Nos.1756/2018 in C.A.Nos.2703/2017 Date : 24-09-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Neeraj Shekhar,AOR Mr. Animeksh Kumar, Adv. Mr. Ashutosh Thakur, Adv. Mr. Rana Prashant, Adv. Mr. Sumit Kumar, Adv. CP 950-951/2018 Mr. Manish Kumar Saran,AOR Mr. Vijay Kumar Saran, Adv. Mr. Satya Prakash Saran, Adv. Mr. Ajay Kumar Singh,AOR CP 1188/2018 Mr. Anil Kumar Jha,AOR Ms. Vijayalaxmi Jha, Adv. Ms. Jyoti Kumari, Adv. Ms. Manjula Gupta,AOR Mr. Prem Sunder Jha, Adv. CP 1756/2018 Mr. Anupam Lal Das Mr. Anirudh Singh, Adv. Mr. Krishanu Barua, Adv. CP 886/2018 Mr. Ajay Kumar Singh, AOR Ms. Aisha Singh, Adv. Mr. Pranoy Kumar, Adv. For Respondent(s) State of Bihar Mr. Dinesh Dwivedi, Sr.Adv. Ms. Abha R. Sharma,AOR Mr. D.S. Parmar, Adv. Mr. Ankit Mishra, Adv. State of Jharkhand Mr. Vijay Hansaria, Sr.Adv. Mr. Gopal Prasad, AOR For Magadh Univ. Mr. S. Wasim A. Qadri, Adv. Mr. Qamar Ahsan,Vice Chancelor,Magadh Univ. Col. Pranav Kumar, Registrar, Magadh Univ.

Contd.	Mr. Zaid Ali, Adv.<br>Mr. Tamim Qadri, Adv.<br>Mr. Saeed Qadri, Adv.<br>Ms. Udita Singh,AOR
CP 948-949/2018<br>For RR 3 & 4	Mr. Azmat H. Amanullah, Adv.<br>for M/s. ACM Legal,AOR
CP 1031-1032/2018<br>For RR 3 & 4	Mr. Azmat H. Amanullah, Adv.<br>Mr. Gopal Prasad,AOR
CP 1033-34/2018	Mr. Rakesh K. Khanna, Sr.Adv.<br>Mr. Rajesh Prasad Singh,AOR<br>Mr. Rajeev Singh, Adv.<br>Ms. Sunita Singh, Adv.<br>Ms. Shefali Jain, Adv.<br>Mr. Ali Mushtaq Nawazish, Adv.
CP 832/2018	Mr. Rakesh K. Khanna, Sr.Adv.<br>Mr. R.P. Singh, Adv.<br>Ms. Shefali Jain, Adv.
For T.M. Bhagalpur<br>University	Mr. Atul Jha, Adv.<br>Mr. Sandeep Jha, Adv.<br>Mr. Dharmendra Kumar Sinha, Adv.<br>Contemnor present:<br>Dr. Prof. Neilkanth Jha, Vice Chancellor<br>Mr. H.N. Singh, Finance Officer<br>Col. Arun K. Singh, Registrar
CP 927-933/2018<br>For RR 3 & 4	Mr. Atul Kumar, AOR<br>Mr. Ajay Amritraj, Adv.<br>Ms. Sweety Singh, Adv.<br>Ms. Archana Kumari, Adv.<br>Mr. Rahul Pandey, Adv.<br>Mr. Tushar Duneja, Adv.
CP 886/2018<br>For RR 3 & 4	Mr. Atul Kumar, AOR<br>Mr. Ajay Amritraj, Adv.<br>Ms. Sweety Singh, Adv.<br>Ms. Archana Kumari, Adv.<br>Mr. Rahul Pandey, Adv.<br>Mr. Sankalp Agrawal, Adv.
For BNM University	Mr. Sanjeev Kumar, AOR<br>Mr. H.K. Naik, Adv.<br>Mr. Ajay Amrit Raj, Adv.<br>Mr. Rajnish, Adv.<br>Mr. Sanjay Kumar, Adv.

Munger University Ms. Nivedita Nirvikar, Adv. Newly added For Patliputra Mr. Anand Kumar, Adv. University CP 887/2018 Mr. Rajeev Singh, AOR For RR 4 & 6 Mr. Ramesh Kumar Pandey, Vice Chancellor Ranchi University Mr. Amar Kumar Chaudhry, Registrar Mr. Prabudha Singh Gaur, Adv. CP 933-34/2018 Mr. Saket Singh, Adv. Ms. Niranjana Singh, Adv. Officers of the Mr. Ajay Kumar Singh, Principal Secretary State of Jharkhand Mr. Dinesh Prasad, Director Mr. Vijay Mohan Prasad, Finance Officer Contemnors present Mr. Anjani Kumar Singh,Chief Secretary Govt. of Bihar Mr. R.K. Mahajan, Principal Secretary Prof.(Dr.)Khalid Mirja,Director Higher Edu. Personal appearance Mr. Akhileshwar Kumar Singh,Deputy Registrar-II for LNMU Univ. Mr. Vinod Kumar, Finance Officer B.R.A. Bihar Dr. Amrendra Narain Yadav, Vice Chancellor University Mr. A.K. Roy, Registrar CP 1033-34/2018 CP 832/2018 Dr. Rajesh Singh, Vice Chancellor Purnia Univ. Mr. Pramod Kumar, Registrar-ii Mr. S.N. Mahto, Finance Officer

UPON hearing the counsel the Court made the following O R D E R

Permission to file the contempt petition(s) is granted.

Heard learned counsel for the parties.

It was submitted on behalf of the State of Jharkhand that out of 155 teachers, they have already done the needful with respect to 72 teachers. The payment with respect to them had also been released. The University has to disburse the amount to them, in case it has not been disbursed. We direct the concerned University to pay the

amount within a period of six weeks' from today.

With respect to 42 employees, it was pointed out by the State of Jharkhand that their services were terminated in the year 1992 and they were re-instated in the year 1998. In our opinion, the period has to be counted as continuity in service. Accordingly, the financial benefit that may be available to them from the date of re-instatement has to be extended. It is assured by Mr. Vijay Hansaria, learned senior counsel appearing on behalf of State of Jharkhand, the same shall be released to the concerned University, within a period of two months from today.

With respect to remaining 41 employees in Jharkhand, University has reported that the record of 29 employees is not available with it. However, final decision is required to be taken by the State Government with respect to 29 employees. Let the decision be taken, the same shall be subject to the final decision of this Court, in these matters.

With respect to 8 employees, the matter is in process for release of the benefits by State Government of Jharkhand.

With respect to one of the employees, it has been pointed out that, pursuant to the order passed by this Court, no affidavit has been filed and he has joined the services of University after proper selection.

With regard to three employees (two from Ranchi University and one from SKM University), universities have not forwarded the relevant orders. Let the concerned University do the needful, with respect to three employees and forward the compliance and send the views to the State Government. Let the aforesaid Universities comply with the direction within one month from today.

With respect to State of Bihar, it was pointed out that out of 472 candidates, 466 have been absorbed and the

cases of rest of the 6 candidates are under process.

In the second category, out of 640 candidates, 285 have been absorbed and the salaries have been released to the University. We direct the University concerned to make the payment to the employees within six weeks from today.

With respect to remaining 240 employees, Mr. Dinesh Dwivedi, learned senior counsel appearing on behalf of the State of Bihar, pointed out that the University is making the inquiry to form an opinion and to send a report to the State Government. Let the compliance by the University as well as by the State Government be made within a period of two months from today.

With respect to 112 employees, the Universities have rejected the claims. Let the final decision be taken with respect to them by State Government within a period two months from today. However, same shall be subject to the final decision of this Court in these matters.

It was also stated by the learned senior counsel appearing on behalf of the State of Bihar that with respect to employees whose claims have been allowed by the State Government, their current salaries as well as the arrears will be released within a period of 10 (ten) days from today, for payment to the concerned employees. Let needful be done as undertaken.

Let the contemnors report the compliance case-wise, to be filed in each matter, in addition to general reply.

One responsible officer of each of the State is directed to be present in the Court, on the next date of hearing. The presence of other contemnors is dispensed with for the time being.

It was pointed out by the learned counsel that the requisite records has not been transmitted from Magadh University to the Patliputra University and from Bhagalpur University to the Munger University. If that be so, let

the needful be done within a period of one month from today.

Newly appointed/substituted incumbents are also free to file their reply and report compliance, to this Court.

List the matters on 11th December, 2018.

(SUKHBIR PAUL KAUR) (JAGDISH CHANDER) AR-CUM-PS BRANCH OFFICER