Patna High Court - Orders
Pratima Kumari vs The State Of Bihar & Ors on 13 October, 2014
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19079 of 2011
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1. Pratima Kumari W/O Late Surendra Prasad R/O Village - Salempur,
Police Station - Bena, P.O. - Chandaura, Distt. - Vishwanth Prasad
Advocate, Shyam Kunj Road No. 17, Middle Rajiv Nagar, Patan - 24
.... .... Petitioner
Versus
1. The State Of Bihar
2. The Commissioner cum Secretary Primary, Human Resources
Development, Government of Bihar, Patna
3. The Director Primary Education Officer, Government of Bihar, Patna
4. The District Education Officer, Nalanda, Biharsharif
5. The Head Master /Incharge Head Master, Sarvoday Middle School,
Sohsarai, Biharsharif At Nalanda
6. The Director Provident Fund, Pant Bhawan, Patna
7. The District Provident Fund, Biharsharif, Nalanda
8. The District Magistrate, Nalanda, Biharsharif
9. The Treasury Officer, Nalanda
10. The Treasury Officer, Patna
11. The Accountant General, Birchand Patel Road, Patna
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Durga Nand Mishra, Advocate
Mr. Vishwanath Prasad, Advocate
For the Respondents : Mr. Raju Giri, GP 10
Mr. Nikhil Agrawal, AC to GP 10
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
4 13-10-2014The petitioner is widow of Late Surendar Prasad, who died in harness on 29.07.2010 while working as Incharge Headmaster of Sarvodaya Middle School, Sohsarai. The said school is said to be a minority institution aided by the State of Bihar.
The petitioner claims payment of death-cum- retiral benefits consequent upon death of her husband on 29.07.2010. This is admitted fact that the petitioner has been paid all other death-cum-retiral dues except the amount of leave encashment.
Patna High Court CWJC No.19079 of 2011 (4) dt.13-10-2014 2/3A counter affidavit has been filed on behalf of the respondents- the State of Bihar bringing on record a decision of the State Government, as contained in letter dated 06.06.1983/ 29.06.1983, to contend that the petitioner's husband being a teacher in minority school was not entitled for leave encashment.
A rejoinder to the said counter affidavit has been filed on behalf of the petitioner bringing on record a letter No. 237 dated 20.02.1990 issued by the Human Resources Development Department, Government of Bihar, which contains that teachers working under minority schools would be entitled for same benefits as the employees of the Government schools are entitled to. Learned counsel for the petitioner, while relying upon the said letter No. 237 dated 20.02.1990, has referred to another letter dated 19.07.1984, as contained in annexure-11, to submit that the petitioner's husband was entitled for leave encashment amount also. Learned counsel for the petitioner has also brought on record annexure-11/2, which is an office order issued by the District Superintendent of Education, Nalanda dated 31.05.2005 whereby, another teacher working in the same school was sanctioned the amount of leave encashment for 240 days.
Learned counsel for the petitioner appears to be correct in his submission that in the light of decision, as contained in letter No. 237 dated 20.02.1990, the petitioner's husband, having died in harness, while working in a minority aided school, would have been entitled for leave encashment also. However, in the facts and circumstances of the case, I direct the Principal Secretary, Higher Education Department, Government of Bihar to take a final decision with respect to the entitlement of husband of the petitioner for leave encashment in the light of earlier decision Patna High Court CWJC No.19079 of 2011 (4) dt.13-10-2014 3/3 of the Human Resources Development Department dated 20.02.1990. Such decision must be taken within a period of three months from the date of receipt/ production of a copy of this order. If the petitioner is found entitled for the said amount, the amount must be directed to be released forthwith by the Principal Secretary and the amount must be paid within a period of one month thereafter. If the Principal Secretary is of the view that the petitioner is not entitled for the amount of leave encashment, he shall have to record reasons dealing specifically with letter No. 237 dated 20.02.1990 issued by the erstwhile Human Resources Development Department, Government of Bihar. The petitioner shall be at liberty to annex the said letter dated 20.02.1990 along with a copy of this order and other documents upon which she intends to place reliance for the purpose of her claim.
This writ application is disposed of accordingly.
(Chakradhari Sharan Singh, J) BKS/-
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