Judgment 1. The point involved in all the three appeals and the writ application which has been referred to by the learned Single Judge for disposal along with the LPAs, is one and the same and as such they have been heard together and are being disposed of by this common order. 2. All three appeals are barred by limitation. 3. After perusal of the averments made in the limitation petition and after hearing learned counsel for the parties we are of the view that sufficient ground has been made out to condone the delay in filing these appeals. Accordingly, the delay in filing the appeals are condoned. 4. In all the three appeals apart from the payment of other retrial benefits, direction has been issued for payment of leave encashment to the teaching and non-teaching staff of the minority secondary schools. 5. Learned counsel appearing for the appellant drew our attention to the earlier order passed by the learned Single Judge which has been annexed as Annexure-3 to the LPA No. 627 of 2002, wherein after considering the matter, the learned Single Judge observed that there is no circular providing for payment of leave encashment to the teaching and non-teaching staff of the minority secondary schools. Learned counsel appearing for the State submitted that the circular which has been issued for providing retiral benefits to the teachers of the minority secondary schools only provide that they should be given pension, gratuity, provident fund etc. but no order has been issued by the State Government till today for payment of leave encashment to them like the teachers of the Government school. 6. Learned counsel appearing for the writ petitioners-respondents drew our attention to two circulars, namely, circular No. 1775 dated 30.8.1980 and letter no. 8-306-80 Shiksha 777 dated 30.3.1981 and submitted that leave encashment is also to be paid to them. 7. Conjoint reading of the aforesaid two circulars show that provision has been made for pension, gratuity and provident fund for the teachers of non-government school including minority secondary schools, but nowhere in those circulars it has been mentioned that they are also entitled to leave encashment. The learned Single Judges in their order have ordered for payment of leave encashment after taking the view that leave encashment is part of the pension. 8. The learned Single Judges in their order have ordered for payment of leave encashment after taking the view that leave encashment is part of the pension. 8. Pension has been defined under the Bihar Pension Rules and Rule 27 says that pension including gratuity. No where in the Bihar Pension Rules it is defined that the leave encashment is also part of the pension. It can never be a part of the pension. It is a payment made to an employee with regard to leave which he earns, while in service. 9. Admittedly, these teachers are not in government service. The State Government has not taken any decision up till now with regard to payment of leave encashment to them. In absence of any such provision, in our view, the Court cannot issue any direction for payment of leave encashment because it is not the part of the pension as held by the impugned orders. 10. Accordingly, all the three orders impugned in the three appeals are set aside and the writ petitions filed by the writ petitioners-respondents so far it relate to claim of leave encashment is concerned, the same is dismissed. 11. In the result, all the three appeals are allowed and the writ application is dismissed.