Bishwambhar Mishra vs Human Resource Development on 29 January, 2014

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Jharkhand High Court

Bishwambhar Mishra vs Human Resource Development on 29 January, 2014

Bench: Aparesh Kumar Singh

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P. (S) No. 5950 of 2012
                                            ---
          Bishwambhar Mishra                           --- --- ---- Petitioner
                                          Versus
          The State of Jharkhand & others              --- --- --- Respondents
                                            ---
          CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh

          For the Petitioner: Mr. Madan Mohan Pan, Advocate
          For the State:      JC to GA (Mr. Srijit Choudhary)
                                             ---

03/ 29.01.2014

The petitioner is said to have retired on 31st January 2012 as a Headmaster of Yogda Satya Sangha High School, Jagarnathpur, Ranchi, a Government recognized aided minority school. In the present writ application, his grievance was in relation to non-payment of leave encashment amount on the earned leave outstanding against his name.

2. Counsel for the petitioner submits that though, the claim of the petitioner was resisted earlier by the respondent State Government, but the issue has now been settled in view of the judgment rendered by the learned Division Bench of this Court in the case of Mariyam Tirkey vs. The State of Jharkhand and others in WPS No. 506/2013 and analogous cases dated 3rd January 2014 which has also been brought on record by way of I.A. No. 382/2014. According to the petitioner, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench by directing he respondents to pay the earned leave encashment amount to the petitioner.

3. Counsel for the State does not dispute that the aforesaid issue relating to admissibility of the earned leave encashment amount to the teachers of Non- Government / Aided Minority School has now been decided by the judgment rendered in the case of Mariyam Tirkey (Supra).

4. Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the repondent no. 2 - District Education Officer, Ranchi to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of the relevant service records of the petitioner and in view of the judgment rendered in the case of Mariyam Tirkey (Supra) within a period of ten weeks from the date of receipt of a copy of this order along with the representation on behalf of the petitioner.

5. The writ petition is accordingly disposed of. I.A. No. 382/2014 also stands disposed of.

(Aparesh Kumar Singh, J) Ranjeet/

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