IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.621 of 2009 SUO MOTU CONTEMPT AGAINST V.C & THE REG. OF LNMU Versus ----------- 4. 25/06/2010 Petitioner has filed the connected writ application (C.W.J.C.No.4779 of 2005) for a direction to the respondent University to pay him entire post retiral benefits including amount of Group Insurance, full Gratuity, earned leave encashment etc. and also to fix his pension in the revised scale and make payment of arrears as well as current pension. This Court, in a batch of cases, including the connected writ application, passed a detailed order on 12.9.2008 giving certain directions to the respondent University for payment of dues of the petitioners. The order dated 12.9.2008 and subsequent common orders passed in the batch of cases have been referred to in the order passed in M.J.C.No.566 of 2009. The specific directions which were issued by this Court in the writ matter were as follows : “(a) Before the next date fixed in this batch of cases, they shall see to it that all admitted and lawful dues of the concerned employee of the University are calculated, settled and paid to him/her - 2 - or his/her beneficiaries. (b) They shall see to it that all calculations are made as per the rates of entitlement, including that of the pay-scale admissible from time to time, of the employee concerned, as laid down in the relevant Act/ Statutes/ Rules/ Regulations/ Notifications etc. as applicable at the relevant time or as made applicable by judicial pronouncement or interpretations made in the matter. Any miscalculation, resulting into short or excess payment to the employee concerned or his beneficiary shall be treated as non- compliance or wrong compliance of order of this Court and shall be viewed seriously. (c) Details of calculation under each head, with mention of relevant provision of law or judicial pronouncement, as the case may be, in the margin of the calculation, along with cheque/draft of the amount found payable (except where it is directly creditable in the account) shall be served on the employee or his/her beneficiary at his/her known place of residence, or shall be sent through insured registered post, if the entire family has shifted its residence out side the State. For this, address of the employee or his/her beneficiary shall be verified beforehand, if required. This exercise must be completed latest by two weeks prior to the next date fixed in this batch of cases. (d) In case, any specific claim raised by the petitioners in the respective writ petition is found not payable, a specific order in this regard shall be passed by the Vice Chancellor with reference to the specific provision of law or judicial pronouncement and shall be made available to the employee or his/her beneficiary along with the details of calculation and the cheque/draft as aforesaid. (e) Latest by one week prior to the date fixed in this batch of cases, the Head of the Institution concerned or the Registrar of the University, as the case - 3 - may be, shall file a personal affidavit in each and every case, with copy served on the learned counsel for the petitioner, certifying that, to his personal satisfaction, entire lawful dues of the employee has been paid to the employee or his beneficiary and shall also enclose copies of the details of calculation and the cheque/draft as served/sent to the employee or his beneficiary in terms of (c) above, and shall also enclose copy of registration receipt, as the case may be . With the affidavit, a copy of the order of the Vice-Chancellor, if any, denying any specific claim of the petitioner, and served upon the employee or his/her beneficiary in the manner indicated above, shall also be enclosed. (f) In case, any lawful amount of the concerned employee remains due to be paid to him or his beneficiary, and no order denying the claim is served upon the employee or his/her beneficiary in the manner indicated above, the Head of the Institution or the Registrar, as the case may be, shall disclose in his personal affidavit the name and details of the employee or officer due to whose lapses or due to whose fault the amount remained unpaid. In case the name and details of the employee/officer responsible for non-payment of any lawful amount of the employee concerned is not disclosed in such personal affidavit, the Head of the Institution concerned or the Registrar, as the case may be, shall be assumed to be personally responsible for the said lapse or default. (g) In case of outstanding arrears of salary on account of revision of pay- scale of teachers of the University w.e.f. 1.1.1996, and in case University finds itself unable to pay the same due to paucity of fund, it shall calculate the amount payable separately to each of the employee concerned of the present batch of cases and send a requisition to the State Govt. separately with all details of revision and fixation of pay- scale, with reference to relevant Act/ - 4 - Statutes/Rules/Regulations/Notifications etc. as applicable at the relevant time or as made applicable or interpreted by judicial pronouncement made in the matter, with all details of the employee in the format prescribed by the State Govt. for the purpose, with original of the documents required by the State Government or explanation for non- furnishing of the same. The requisition must be received by the concerned authority of the State Government latest three weeks before the next date fixed in this batch of cases, and copies thereof, with copy of receiving must be enclosed with the personal affidavit, as aforesaid. (h) State Government on receipt of such requisition in respect of individual employee, shall cause it to be examined, and upon being satisfied, shall release the necessary fund to the University specifically earmarked for payment to the concerned employee or his/her beneficiary as the case may be within two weeks from the date of receipt of the said requisition and shall inform the Court on the next date fixed in the batch of cases about the same. On receipt of the said fund, University shall make payment of the amount to the employee concerned or his/her beneficiary immediately with due intimation to the State Government and this Court. Any miscalculation, resulting into short or excess release of fund and payment thereof to the employee concerned or his/her beneficiary shall be treated as non-compliance or wrong compliance of order of this Court by the University authorities or the authorities of the State Government, as the case may be, and shall be viewed seriously. (i) Before filing of the aforesaid affidavits in respective cases, all concerned shall get satisfied, that specific and unambiguous pleading has been made in the affidavit showing full compliance of the directions of the Court as made above, and all necessary enclosures, as indicted above, are - 5 - enclosed and all the heads of claims of the employee concerned are independently dealt with in separate paragraphs, so that any requirement of any further affidavit in the case may be ruled out, and the case may be in a position to be disposed of finally on the next date fixed.” After this contempt proceeding was initiated, separate show cause has been filed on behalf of Registrar and Vice Chancellor of the University in the main writ application on 12.1.2009. Along with their show cause, a hand written calculation chart of arrears of pension, gratuity and earned leave encashment in respect of the petitioner has been annexed as Annexure-A in both the show cause. As per the chart, total amount under the head gratuity and earned leave comes to Rs.3,77,518/-. Under the head arrears of pension, due amount is shown as Rs.7376/-. Petitioner has filed supplementary affidavit in the case. In the supplementary affidavit, petitioner has claimed his post-retiral dues as Rs.4,35,894/- and pre-retiral dues in the form of arrears of salary as Rs.10,68,999/-. It is stated that, as against post-retiral dues of Rs.4,35,894/-, he has received only Rs.1,89,130/-, purported to be under the - 6 - policy of the Vice Chancellor to pay 75% of the post retiral dues on ad hoc basis. Petitioner has filed rejoinder also on 8.2.2010 enclosing a letter of the Registrar dated 10.1.2010 in which his pre-retiral dues has been shown as Nil and post-retiral dues has been shown as Rs.2,52,257/-. Petitioner has stated that the substantial amount of his post-retiral dues have not been paid. In the contempt matter, contemnors have filed show cause on 27.1.2010, along with which a printed calculation chart of the dues of the petitioner in respect of pension, gratuity and earned leave encashment has been annexed. Under the heading `Abstract’ dues of the petitioner after payments already made has been shown as Rs.2,52,173/- which is mentioned as `payable’. There is nothing on record to show that detailed calculations were made available to the petitioner in terms of and in the manner directed by this Court with a view to finally settle the actual quantum of dues of the petitioner under different heads. Thus, it is apparent that as on 27.1.2010 admitted post- retiral dues still remained to be paid to the - 7 - petitioner for which no explanation has been furnished in the show cause. Moreover, it is clear from the pleadings that other directions of this Court as quoted above have also not been complied with by the contemnors in spite of passage of almost one and a half years. Therefore, the contemnors are held guilty of contempt of this Court. Since the Registrar and the Vice Chancellor of the University have changed during the pendency of this contempt proceeding, this Court refrains from passing any order of their imprisonment. However, they are punished with the fine of Rs.2000/- to be deposited in the account of Patna High Court Legal Services Committee. Apart from the said fine, contemnors shall also be liable to pay cost of this contempt proceeding, which is quantified at Rs.3000/-, to be paid to the petitioner within one month from today. In view of change of Vice Chancellor, Registrar and other functionaries of the University during the pendency of this contempt proceeding, this Court gives liberty to the present Vice Chancellor to fix up the proportionate responsibility upon the - 8 - individual incumbents holding the posts from the date of initiation of the proceeding till today and realize the amount of fine and cost proportionately from them in the manner admissible in law after complying with the Principles of Natural Justice. This application is disposed of with the aforesaid observations and directions. Pradeep/ (J. N. Singh, J.)