Jharkhand High Court
Francisca Toppo W/O Joseph Bristus ... vs The Director on 11 May, 2018
Author: Shree Chandrashekhar
Bench: Shree Chandrashekhar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 751 of 2018
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Francisca Toppo w/o Joseph Bristus Tirkey R/O Vill- Premnagar, PO+PS District- Ranchi .... ...... Petitioner Versus
1. The Director, Secondary Education & Literacy, Govt. of Jharkhand, Telephone Bhawan, PO & P.S-Dhurwa, District-Ranchi
2. The District Education Officer, Kutchery, Ranchi, PO GPO Ranchi, P.S- Kotwali, District-Ranchi
3. The District Superintendent of Education, Ranchi, Collectorate Building, PO- GPO Ranchi, P.S-Kotwali, District- Ranchi .... ...... Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
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For the Petitioner : Mr. N.K. Mehta, Adv.
For the Respondents : Mr. R.K. Shahi, Adv.
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04/11.05.2018 Prayer in the writ petition is for a direction upon the
respondents for payment of leave encashment to the petitioner.
2. The petitioner has pleaded that she was appointed as Assistant Teacher in a government aided minority school on a sanctioned post. After her superannuation from service she has been paid pension and other post-retiral benefits, however, leave encashment has not been paid to her. The petitioner has produced copy of service book to establish her claim.
3. Mr. N.K. Mehta, the learned counsel for the petitioner submits that the issue whether leave encashment is payable to the teachers and non-teaching staff of the government aided minority school/institution has been authoritatively decided by a decision of Division Bench of this Court in "Mariyam Tirkey Vrs. The State of Jharkhand and Others" reported in 2014 (1) JBCJ 465 (HC).
4. The decision in Mariyam Tirkey has been approved by the Supreme Court and based on this decision several writ petitions filed by the teaching/non-teaching employees of the government aided minority 2 institutions have been allowed by other co-ordinate Benches of this Court.
5. The learned State counsel does not dispute the above proposition, however, submits that leave encashment can be paid to the petitioner only upon verification of her service records.
6. Accordingly, the writ petition stands allowed with a direction to the District Superintendent of Education, Ranchi-respondent no.3 to ensure payment of leave encashment to the petitioner within 6 weeks, on due verification of her service records.
(Shree Chandrashekhar, J.) R.K.