Agnes Tirkey vs Human Resources Department on 4 July, 2016

[Cites 1, Cited by 0]

Jharkhand High Court

Agnes Tirkey vs Human Resources Department on 4 July, 2016

2. The petitioner, who was working on the post of Safaikarmi, Batch No.212, Jharia Circle, Dhanbad in the office of the Mineral Area Development Authority, Dhanbad (in short "M.A.D.A") superannuated on 30.06.2015. The grievance of the petitioner is that post retirement dues such as provident fund with contributory benefits, gratuity, leave encashment, group insurance, dearness allowance, benefits of 6 th Pay Revision and benefits of A.C.P etc. have not yet been paid to him, though he has made representation before the competent authority of M.A.D.A. Vide Annexures-2 and 3 dated 01.08.2015.

3. Learned counsel for the petitioner submitted that since the representations of the petitioner did not evoke any response, the petitioner being constrained has approached this Court under Article 226 of the Constitution of India, for redressal of his grievances.

4. Learned counsel for the respondents-M.A.D.A., on the other hand, submits that the petitioner may be directed to approach the competent authority i.e. Managing Director, M.A.D.A., who may look into the grievances of the petitioner in accordance with law.

5. In such circumstances, since the matter relates to payment of certain post retiral dues and other service benefits of the petitioner, the writ petition is disposed of by allowing the petitioner to prefer fresh representation before the respondent-Managing Director, M.A.D.A, Dhanbad together with all supporting facts and documents within a period of three weeks. On receipt of such representation, the respondent-Managing Director, M.A.D.A shall consider the same in accordance with law and after proper verification of the records of the petitioner, shall pass a reasoned and speaking order within a period of 12 weeks thereafter, which shall also be communicated to the petitioner. It is made clear, if the grievances of the petitioner are found to be genuine and are entitled to legally admissible dues on account of post retirement dues and other service benefits, the same shall also be disbursed with statutory interest as per the scheme framed by the respondents- M.A.D.A, which is applicable to retired employees of M.A.D.A. Accordingly, writ petition is disposed of in the aforesaid terms.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 7576 of 2011 Md. Hussain, son of Late Bira Mian, resident of Village-Tulsidih, PO:

Rajdhanwar, PS: Jamua, District-Giridih. .... Petitioner Versus

1. Bharat Coking Coal Limited, a subsidiary of Coal India Limited, having its Head Officer at Koyla Bhawan, Koyla Nagar, PO & PS: Saraidhela, District- Dhanbad.

2. Managing Director, Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, PO & PS: Saraidhela, District-Dhanbad.

3. Director (Personnel), Bharat Coking Coal Limited, Koyla Bhawan, Koyla Nagar, PO & PS: Saraidhela, District-Dhanbad.

4.Project Officer, Bharat Coking Coal Limited, Dobari Colliery, Area No.9, Bastakola, PO & PS: Dhansar, District-Dhanbad. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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     For the Petitioner               : Mr. A. K. Sahani, Adv.
     For the Respondents-BCCL         : Mr. Navneet Sahay, Advocate
                                      -----

05/04.07.2016      In the accompanied writ application, the petitioner has interalia

prayed for direction in the nature of mandamus commanding upon the respondents to pay the retiral benefits namely CMPF, gratuity, leave encashment, other benefits as well as arrear salary with interest @ 18 per annum from the date of due till actual payment within a specified period.

2. The facts as disclosed in the writ application, is that the petitioner was initially appointed in the year 1973 on the post of Pump Operator in Dobari Colliery under the respondent no.1. As per the service excerpt vide Annexure- 1 dated 26.07.1987, the date of the petitioner has been shown to be May, 1949. As per the Annexure-2 to the writ application, the respondent no.4 intimated the petitioner that on 28.09.1997, the petitioner superannuated from his services and accordingly, he was directed to fill up forms for the purpose of retiral dues. In pursuance to the aforesaid direction, the petitioner made a representation before the respondent no.4 opposing such fixation of premature superannuation as well as payment of the post retiral benefits. But inspite of such representation no pensionary benefits has been given to the petitioner.

3. Mr. A. K. Sahani, learned counsel for the petitioner submits that if a direction will be issued to the respondent no.4 for disposal of the representation and for payment of post retiral dues, the grievance of the petitioner shall be mitigated.

4. Mr. Navneet Sahay, learned counsel for the respondents-BCCL has no serious objection to that course of action.

5. After hearing learned counsel for the respective parties, regard being has to the limited nature of grievances and without dwelling into merit of the matter, the writ petition is disposed of giving a liberty to the petitioner to approach/file a representation before the respondent no.4 within a period of three weeks and and on receipt of the same, the respondent no.4 shall consider the grievance of the petitioner in accordance with law and pass a reasoned and speaking order within a period of eight weeks thereafter, which shall also be communicated to the petitioner.

It is needless to mention that, if the claim of the petitioner regarding admissible post retiral benefits is found to be genuine, the same shall be paid to the petitioner within a period of eight weeks thereafter.

With the aforesaid direction, the writ petition stands disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3409 of 2016 Ansalen Kandulna, son of Late Albert Kandulna, Resident of Nirmala High School, Mahugaon, P.O.-Mahugaon, P.S.-Lapung & District-Ranchi, Jharkhand .... Petitioner Versus

1. The State of Jharkhand

2. The Principle Secretary, Department of School Education and literacy, Govt. of Jharkhand, At-Project Building, P.O. & P.S.-Dhurwa, District- Ranchi, Jharkhand.

3. The Director, Secondary Education, Department of School Education and literacy, Govt. of Jharkhand, At-Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand.

4. District Education Officer Ranchi, having its office at Collectoriate building, Civil Court Compound, P.O.-G.P.O & P.S.-Kotwali, District-Ranchi, Jharkhand.

5. Secretary/Head Master, Nirmala High School, Mahugaon, At Ranchi, P.O. Mahugaon, P.S. Lapung, District-Ranchi, Jharkhand. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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      For the Petitioner        : Ms. Aanya, Advocate
      For the Respondents       : M/s D. K. Dubey, Sr. S.C. I &
                                       Ruchi Rampuria, J.C to Sr. S.C.1

                                -----
02/04.07.2016       Heard learned counsel for the parties.

Learned counsel for the petitioners submitted that the petitioner is retired teacher of minority Primary/Middle School, details of the individual are being shown in the chart given below:

Sl Name of the Name of the Date of Date of Retirement No petitioner/Teacher School appointment

1. Ansalen Nirmala High 01/02/94 28.02.2015 Kandulna School, Mahugaon, Ranchi It is the contention of the petitioner that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

In the present writ application, the grievance of the petitioner is in relation to non-payment of leave encashment amount on the earned leave outstanding against him. He has also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

Ms. Aanya, learned 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioner, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.

Learned counsel appearing for the Respondent-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) and affirmed up to the Hon'ble Supreme Court.

Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 4, to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of his relevant service records 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.

The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3408 of 2016 Amarendra Kumar Sinha, son of Jagdish Prasad Sinha, Resident of Swami Sharnanand Nagar, Arsande, Boreya Kanke, P.O., P.S.-Kanke, District-

      Ranchi, Jharkhand                                                 .... Petitioner
                                 Versus
      1. The State of Jharkhand

2. The Principle Secretary, Department of School Education and literacy, Govt. of Jharkhand, At-Project Building, P.O. & P.S.-Dhurwa, District- Ranchi, Jharkhand.

3. The Director, Secondary Education, Department of School Education and literacy, Govt. of Jharkhand, At-Project Building, P.O. & P.S.-Dhurwa, District-Ranchi, Jharkhand.

4. District Education Officer Ranchi, having its office at Collectoriate building, Civil Court Compound, P.O.-G.P.O & P.S.-Kotwali, District-Ranchi, Jharkhand.

5. Secretary/Head Master, St. John's High School, Ranchi, P.O. & P.S. Bishakhatanga, District-Ranchi, Jharkhand. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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      For the Petitioner        : Ms. Aanya, Advocate
      For the Respondents       : M/s D. K. Dubey, Sr. S.C. I &
                                       Ruchi Rampuria, J.C to Sr. S.C.1

                               -----
02/04.07.2016      Heard learned counsel for the parties.

Learned counsel for the petitioners submitted that the petitioner is retired teacher of minority Primary/Middle School, details of the individual are being shown in the chart given below:

Sl Name of the Name of the Date of Date of Retirement No petitioner/Teacher School appointment

1. Amarendra St. John's High 01/03/85 31.12.2015 Kumar Sinha School, Bishakhatanga, Ranchi It is the contention of the petitioner that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3385 of 2016 Smt Chanda Lal Begin W/o Late Bhagwati Lal Begi, Resident of- Hanumgarhi Kendua, P.O.-Kusunda, P.S.-Kenduadih, District-Dhanbad .... Petitioner Versus

1. Mineral Area Development Authority through its Managing Director, Having its office at Luby circular road Dhanbad, P.O. + P.S. + District- Dhanbad.

2. Managing Director, Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

3. Account Officer, office of the Managing Director, Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

4. Chief Medical Officer in the office of the Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

..... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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For the Petitioner : Mr. Someshwar Roy, Advocate For the Respondents-MADA : Mr. Bhawesh Kumar & Ravi Kumar, Advocates

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02/04.07.2016 Heard learned counsel for the parties.

2. The petitioner, who was working on the post of Lady Sweeper, Putki Circle, in the office of the Mineral Area Development Authority, Dhanbad (in short "M.A.D.A") superannuated on 30.06.2014. The grievance of the petitioner is that post retirement dues such as provident fund with contributory benefits, gratuity, leave encashment, group insurance, dearness allowance, benefits of 6th Pay Revision and benefits of A.C.P etc. have not yet been paid to her, though she has made representation before the competent authority of M.A.D.A. Vide Annexure-2 dated 26.09.2016.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3384 of 2016 Jiut Prasad S/o Late-Chandra Deo Prasad, Resident of-10 No.Bhodidih Kalali Centre, P.O.-Sijua, P.S.-Jogta, District-Dhanbad. .... Petitioner Versus

1. Mineral Area Development Authority through its Managing Director, Having its office at Luby circular road Dhanbad, P.O. + P.S. + District- Dhanbad.

2. Managing Director, Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

3. Account Officer, office of the Managing Director, Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

4. Executive Engineer, Office of the Mineral Area Development Authority having its office at Dhanbad, P.O. + P.S. + District- Dhanbad.

..... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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For the Petitioner : Mr. Someshwar Roy, Advocate For the Respondents-MADA : Mr. Bhawesh Kumar & Ravi Kumar, Advocates

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02/04.07.2016 Heard learned counsel for the parties.

2. The petitioner, who was working on the post of Khalasi, water supply Sub-division Kusund, in the office of the Mineral Area Development Authority, Dhanbad (in short "M.A.D.A") superannuated on 31.12.2014. The grievance of the petitioner is that post retirement dues such as provident fund with contributory benefits, gratuity, leave encashment, group insurance, dearness allowance, benefits of 6th Pay Revision and benefits of A.C.P etc. have not yet been paid to him, though he has made representation before the competent authority of M.A.D.A. Vide Annexure-2 series dated 18.3.2015 and 20.5.2016 respectively.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3321 of 2016 Anand Kumar Surin, son of Late Risa Surin, resident of Chiromatha, P.O. Raj Anandpur, P.S. Anandpur, Manoharpur, District West Singhbhum .... Petitioner Versus

1. The State of Jharkhand through the Secretary, Department of Higher and Technical Education, Government of Jharkhand, Project Bhawan, H.E.C., P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

2. The Director, Primary Education, School Education and literacy Department, Govt. of Jharkhand, Project Bhawan, H.E.C., P.O.-Dhurwa, P.S. Jagannathpur, District-Ranchi, Jharkhand.

3. The District Superintendent of Education, West Singhbhum at Chaibasa, P.O. P.S. and District-Chaibasa.

4. The Block Education Extension Officer, Manoharpur, P.O. and P.S. Manoharpur, District West Singhbhum, Chaibasa. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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     For the Petitioner        : Mr. Ritesh Kumar Gupta, Advocate
     For the Respondents       : J.C to A.A.G

                             -----
02/04.07.2016    The petitioner is said to have retired on 31.07.2014 as Assitant

Teacher from st. Joseph Middle School, Charbandia. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

2. In the present writ application, the grievance of the petitioner is in relation to non-payment of leave encashment amount on the earned leave outstanding against him. He has also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

3. Learned 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioner, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.

4. Learned counsel appearing for the Respondent-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) and affirmed up to the Hon'ble Supreme Court.

5. Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no.3 to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of his relevant service records 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.

6. The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3320 of 2016 Bahalen Guria, wife of Sri Niranjan Yakub Purti, Daughter of late Masih Prakash Guria, resident of village Sonpokhri, P.O. Barhapost, P.S. Manoharpur, District-West Singhbhum. .... Petitioner Versus

1. The State of Jharkhand through the Secretary, Department of Higher and Technical Education, Government of Jharkhand, Project Bhawan, H.E.C., P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

2. The Director, Primary Education, School Education and literacy Department, Govt. of Jharkhand, Project Bhawan, H.E.C., P.O.-Dhurwa, P.S. Jagannathpur, District-Ranchi, Jharkhand.

3. The District Superintendent of Education, West Singhbhum at Chaibasa, P.O. P.S. and District-Chaibasa.

4. The Block Education Extension Officer, Manoharpur, P.O. and P.S. Manoharpur, District West Singhbhum, Chaibasa. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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     For the Petitioner        : M/s Sumeet Gadodia &
                                      Syed Ramiz Zafar, Advocates
     For the Respondents       : J.C to Sr. S.C. III

                              -----
02/04.07.2016     The petitioner is said to have retired on 30.4.2010 as Assistant

Teacher from St. Augustin Middle School, Manoharpur. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

2. In the present writ application, the grievance of the petitioner is in relation to non-payment of leave encashment amount on the earned leave outstanding against her. She has also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

6. The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3318 of 2016

1. Dilip Kumar Kuila son of Late M.M. Kuila, resident of Rajlabandh, P.O. and P.S. Bahragora, District East Singhbhum at Jamshedpur.

2. Mary Jane Kerketta wife of Sri Erick Kerketta, resident of Mohalla Anandpur, Dungaria Bank Colony, Gumla, P.O. and P.S. Gumla, District Gumla. .... Petitioner Versus

1. The State of Jharkhand

2. The Director, Secondary Education, Govt. of Jharkhand, Telephone Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Education Officer, Gumla, P.O. & P.S. Gumla, District Gumla.

4. Secretary/Head Master, Lutheran High School, Gumla, P.O. and P.S. Gumla, District Gumla. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

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      For the Petitioner        : Mr. Madan Mohan Pan, Advocate &
                                       Mr. K. N. Sahay, Advocate
      For the Respondents       : Mrs. C. Prabha, S.C. IV &
                                       D. K. Malityar, J.C to S.C-IV

                               -----
02/04.07.2016      Heard learned counsel for the parties.

Learned counsel for the petitioners submitted that the petitioners are retired teacher of minority Primary/Middle School, details of the individual are being shown in the chart given below:

Sl Name of the Name of the Date of Date of Retirement No petitioner/Teacher School appointment

1. Dilip Kumar Lutheran High 24.10.1980 31.3.2013 Kuila School, Gumla 2 Mary Jane Lutheran High 01/04/82 30.6.2010 Kerketta School, Gumla It is the contention of the petitioners that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer. The petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

In the present writ application, the grievance of the petitioners is in relation to non-payment of leave encashment amount on the earned leave outstanding against them. They have also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

Mr. Madan Mohan Pan, learned counsel for the petitioner submits that though, the claim of the petitioners 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.

Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 3, to take a decision in the matter of grant of leave encashment amount to the petitioners after due scrutiny of their relevant service records 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 petitioners.

The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3284 of 2016 Emanuel Toppo S/O Late Titrus Toppo R/O Village Katinga Ambatoli, P.O.- Tongo, P.S. Chainpur, District Gumla, Jharkhand. .... Petitioner Versus

1. The State of Jharkhand through the Secretary, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

2. The Director, Primary Education, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Superintendent of Education, Gumla, P.O. P.S. and District-

     Gumla, Jharkhand.                                          ... Respondents
                                    ---
     CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK
                               ---
     For the Petitioner        : Mr. K. S. Nanda, Advocate
     For the Respondents       : J.C to A.A.G

                              -----
03/04.07.2016     The petitioner is said to have retired on 30.06.2012 as Assistant

Teacher from R.C. Primary School Natapol, Circle-Chainpur District Gumla. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

3. Learned counsel for the petitioner submits that though, the claim of the petitioners 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioner, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.

6. The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3279 of 2016

1. John Mundu S/o Late Daud Mundu R/o vill Hospital Toli PO-Khunti PS- Khunti District-Khunti, Jharkhand.

2. Mery Bodra W/o Shri John Mundu R/o vill Hospital toli PO-Khunti PS- Khunti District Khunti Jharkhand.

3. Biswashi Jwalen Kandir S/o Shri Jai Surin R/O Vill Tirla PO-Anigara PS- Khunti District Khunti Jharkhand.

4. Philistas Topno W/o Late Hilarius Guria R/o Vill Ronhe PO-Dumngdiri PS Torpa District Khunti Jharkhand.

5. Ruth Marki W/o Shri Jolen Hemrom R/o Hospital Toli PO-Khunti PS- Khunti District Khunti Jharkhand.

6. Barnawas Champia S/o Late Boash Champia R/o Martin Bangla PS- Khunti District Khunti Jharkhand. .... Petitioners Versus

1. The State of Jharkhand through the Secretary, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagannathpur, District-Ranchi.

2. The Director, Primary Education, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Superintendent of Education, Khunti, P.O. P.S. and District-

     Khunti, Jharkhand.                                             ... Respondents
                                    ---
     CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK
                               ---
     For the Petitioner        : Mr. K. S. Nanda, Advocate
     For the Respondents       : J.C. to S.C. V

                               -----
03/04.07.2016      Heard learned counsel for the parties.

Learned counsel for the petitioners submitted that the petitioners are retired teacher of minority Primary/Middle School, details of the individual are being shown in the chart given below:

Sl Name of the Name of the Circle Date of Date of Retirement No petitioner/Teac School appointment her

1. John Mundu GEL Middle Arki 17.12.79 31.10.2011 School Umbulbaha, District Khunti 2 Mery Bodra GEL Middle Arki 23.06.83 31.01.2014 School Umbulbaha, District Khunti 3 Biswashi R.C. Primary Arki 18.05.1982 31.08.2015 Jwalen School Dolda Dist Khunti Kandir 4 Philistas R.C. Primary Rania 02/08/82 31.01.2012 Topno School Korakel Dist Khunti 5 Ruth Marki GEL Middle Khunti 01/10/83 31.07.2010 School Churdag, District Khunti 6 Barnawas SPG Primary Rania 01/07/80 31.01.2014 Champia School Tamba Dist Khunti It is the contention of the petitioners that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer. The petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

In the present writ application, the grievance of the petitioners are in relation to non-payment of leave encashment amount on the earned leave outstanding against them. They have also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

Mr. Madan Mohan Pan, learned counsel for the petitioners submits that though, the claim of the petitioners were 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.

The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3014 of 2016

1. Vinscent Bhengra S/O Late Masih Bhengra R/o Dorma Bagodtoli PO- Dorma PS-Torpa, District-Khunti, Jharkhand.

2. Fransiska Hemrom D/O Late Mikhael Hemrom R/o Vill-Dorma Phutkal Toli, PO Dorma PS-Khunti Dist Khunti Jharkhand.

3. Bahalen Hemrom S/o Shri Niyaran Tiru R/O Torpa Road, Near Check Naka Khunti PO+PS+Dist-Khunti Jharkhand.

4. Tarsila Kujur D/o Late Jwakim Kujur R/O R.C. Middle School Karra PO+PS-Karra District Khunti, Jharkhand. .... Petitioners Versus

1. The State of Jharkhand through the Secretary, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagannathpur, District-Ranchi.

2. The Director, Primary Education, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Superintendent of Education, Khunti, P.O. P.S. and District-

     Khunti, Jharkhand.                                             ... Respondents
                                    ---
     CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK
                               ---
     For the Petitioner        : Mr. K. S. Nanda, Advocate
     For the Respondents       : Ms. Sunita Kumari, J.C to S.C (L & C)

                                 -----
03/04.07.2016        Heard learned counsel for the parties.

Learned counsel for the petitioners submitted that the petitioners are retired teacher of minority Primary/Middle School, details of the individual are being shown in the chart given below:

Sl Name of the Name of the Circle Date of Date of Retirement No petitioner/Teac School appointment her

1. Vinscent R.C. Middle Torpa 23.06.83 31.12.2012 Bhengra School, Pandra, Dist Khunti 2 Fransiska R.C. Middle Torpa 15.04.81 28.2.2013 Hemrom School, Pandra, Dist Khunti 3 Bahalen Lotheran Karra 01/07/71 30.03.2008 Hemrom Middle School Govindpur District Khunti 4 Tarsila R.C. Girls Karra 01/08/86 31.01.2010 Kujur Middle School Karra, Dist Khunti It is the contention of the petitioners that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer.

The petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

Mr. Madan Mohan Pan, learned counsel for the petitioners submits that though, the claim of the petitioners 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 Vrs. The State of Jharkhand & others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioners.

The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2646 of 2016 Agnes Tirkey D/O Late Francis Tirkey R/o Vill-Tetra PO Konbir Nawatoli PS Basia Dist Gumla, Jharkhand. .... Petitioner Versus

1. The State of Jharkhand through the Secretary, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O.-Dhurwa, P.S.- Jagannathpur, District-Ranchi.

2. The Director, Primary Education, HRD Department, Government of Jharkhand, Project Building, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Superintendent of Education, Giridih, P.O. P.S. and District-

     Giridih, Jharkhand.                                            ... Respondents
                                    ---
     CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK
                               ---
     For the Petitioner        : Mr. K. S. Nanda, Advocate
     For the Respondents       : JC to AAG

                              -----
03/04.07.2016     The petitioner is said to have retired on 28.02.2009 as Assistant

Teacher from Sonnet crush girls Middle School Belatand circle Deori District Giridih. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

5. Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no.3 to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of her relevant service records 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.

6. The writ petition is accordingly disposed of.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2628 of 2016 Dibendu Mitra son of Late Durga Charan Mitra, resident of Siramtoli, Old Hazaribag Road, P.O. G.P.O. Ranchi, P.S. Chutia, District Ranchi.

.... Petitioner Versus

1. The State of Jharkhand

2. The Director, Secondary Education, Govt. of Jharkhand, Telephone Bhawan, Dhurwa, P.O. Dhurwa, P.S. Jagannathpur, District Ranchi.

3. The District Education Officer, Ranchi, P.O., G.P.O & P.S. Kotwali, District Ranchi.

4. Secretary/Headmistress, Bethesada Girls High School, Ranchi, P.O. Church Road, P.S. Sadar Ranchi, District Ranchi. ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

---

For the Petitioner : M/s. M. M. Pan & K. N. Sahay, Advocates For the Respondents : Md. Shahid Khan, Advocate

-----

03/04.07.2016 The petitioner is said to have retired on 31.03.2002 as Assistant Teacher from Bethesada Girls High School, Ranchi. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioner is also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

6. The writ petition is accordingly disposed of.



                                                            (Pramath Patnaik, J.)
RKM
       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P. (S) No. 2980 of 2016
      Om Prakash Pandey                                              .... Petitioner
                                 Versus
      The State of Jharkhand & Another                            ... Respondent
                                     ---
      CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK
                                ---
      For the Petitioner        : Mr. P.C. Tripathi, Sr. Advocate
      For the Respondents       : J.C to A.A.G

                               -----
03/04.07.2016      Learned senior counsel for the petitioner submits that by virtue

of the impugned order under Annexure-7 to the writ application relates to the civil consequence with respect to recovery of Rs.6,04,218/- and the order of defamation was passed just one day before the retirement of the petitioner.

J.C to A.A.G prays for two weeks' time to obtain instruction and file counter-affidavit.

Time, as prayed for, is allowed.

Put up this case on 28.07.2016.

On that day, if counter-affidavit is not filed, the prayer for the interim order shall be considered.

(Pramath Patnaik, J.) RKM IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 2694 of 2016 Arvind Kumar Son of late Baijnath Singh, Resident of Flat No.501, Maa Laxmi Plaza, Basant Vihar, P.O. Harmu, P.S. Argora, District-Ranchi.

.... Petitioner Versus The State of Jharkhand & Others ... Respondents

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CORAM : HON'BLE MR. JUSTICE PRAMATH PATNAIK

---

      For the Petitioner        : M/s Bhanu Kumar &
                                       Bharti Kumari, Advocates
      For the Respondents       : J.C to S.C (Mines)

                               -----
03/04.07.2016      I.A. No.3876 of 2016

This instant interlocutory application has been filed for amendment of the original writ petition due to certain developments, which has taken place during the pendency of the writ application by addition of the prayers mentioned in para 1(iv), 1(v) and 1(vi) of the writ application. During the pendency of the instant writ application and before filing of the counter- affidavit, the respondents have issued the impugned Resolutions which have been initiated against the petitioner and the charges have been framed.

Learned counsel for the petitioner submitted that amendment sought for is formal in nature and will not change the nature and character of the writ application. It has further been submitted that if the amendment, sought for, is not allowed, the petitioner will suffer irreparable loss and injury.

Counsel for the respondents does not raise any serious objection to the prayer made in the interlocutory application.

In view of submissions made by learned counsel for the parties, I.A. No. 3876 of 2016 stands allowed and the counsel for the petitioner is permitted to file the consolidated writ application, within a week.

W.P. (S) No. 2694 of 2016

Learned counsel for the respondents-State is directed to file counter- affidavit to the consolidated writ application within four weeks.

Put up this case on 08.08.2016.

(Pramath Patnaik, J.) RKM

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