Jharkhand High Court
Basant Kumar Bhengra vs Human Resources Department on 12 January, 2016
Author: Pramath Patnaik
Bench: Pramath Patnaik
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 69 of 2016
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Basant Kumar Bhengra, son of late Ishak Bhengra, Resident of
Govindpur, Rehlagara, P.O & P.S. Gobindpur, District: Khunti
... Petitioner
Vs.
1.The State of Jharkhand
2.The Director, Human Resources (Education) Department,
Project Building, P.O & P.S. Dhurwa, District: Ranchi.
3.The District Education Officer, Khunti, P.O & P.S.: Khunti,
District: Khunti. .... ... ... Respondents
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CORAM: HON'BLE MR. JUSTICE PRAMATH PATNAIK
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For the Petitioner : Mr. R.P. Gupta, Advocate.
For the Respondents : J.C to Md. Shamim Akhtar, G.A.III.
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02/ Dated: 12th January, 2016
Per Pramath Patnaik, J.:
With the consent of both the parties, the writ petition is heard and is being disposed of at this stage itself.
2. The case of the petitioner, in short, is that the petitioner, who was appointed on 04.01.1964, was posted as a Headmaster in Government Recognized Minority Aided in Jubilee High School, Govindpur, Khunti and superannuated on 30.11.1999.
3. Learned counsel for the petitioner submitted that after his retirement, the petitioner received other dues from grant-in-aid provided by the State Ex-chequer and is getting pension but till date he has not been paid amounts against unutilized earned leave. Learned counsel further submits that this issue has been settled in view of the judgment rendered by the Division Bench of this Hon'ble Court in the case of Mariyam Tirkey Vs. The State of Jharkhand & Ors as reported in 2014 (1) JBCJ 465 and upheld by Hon'ble Apex Court in the case of Special Leave to Appeal (C) No. 20606-20607/2014. Accordingly, this writ petition may be disposed of in view of the judgment rendered by Division Bench of this Court by directing the respondents to pay the earned leave encashment amount to the petitioner.
4. Learned counsel for the State does not dispute the issue relating to admissibility of the earned leave enchasment amount to the teachers of Non-Government/Aided Minority School in view of the judgment rendered in the case of Mariyam Tirkey (Supra) as affirmed up-to the Hon'ble Supreme Court.
5. Having heard learned counsel for the parties, in such circumstances, this writ petition is disposed of by giving liberty to the petitioner to make fresh representation to respondent no. 3- District Education Officer, Khunti, who shall take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of the relevant service record of the petitioner in view of the judgment rendered in the case of Mariyam Tirkey (Supra) within a period of ten weeks from the date of receipt/production of copy of this order.
6. Accordingly, this writ petition is disposed of.
(Pramath Patnaik, J.) Alankar/-