Mary Kujur, W/o Late Albert Kujur v. State of Jharkhand through the Secretary, Human Resources Development Department, Government of Jharkhand, Ranchi
2016-07-26
PRAMATH PATNAIK
body2016
DigiLaw.ai
ORDER : Heard learned counsel for the parties. 2. Learned counsel for the petitioners submitted that the petitioners are the wives of retired teachers of Government Aided minority High Schools, who have died after superannuation from their services or died during their services details of the individual teachers are being shown in the chart given below: Sl. No. Name of the petitioner/Teacher Name of the School Circle Date of appointment Date of Retirement 1. Mary Kujur W/o Late Albert Kujur High School Rajawal Dist Gumla Dumri 17/12/77 31/3/05 But died on 16/7/08 2. Irma Lakra W/o Late Josebiush Lakra High School Rajawal Dist Gumla Dumri 17/12/77 31/12/98 & Died on 17/11/99 3. Subira Barwa W/o Late Vital Barwa St. Peter's High School Tongo Dist Gumla Chainpur 09/9/77 01/05/96 & died on 14/5/04 4. Melani Kerketta W/o Late Abraham Kerketta St. Peter's High School Tongo Dist Gumla Chainpur 09/9/77 31/8/03 died on 11/12/03 3. It is the contention of the petitioners that the schools in question are Government Aided minority High Schools 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 petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General. 4. In the present writ application, the grievance of the petitioners being wives of retired teachers 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. 5. Mr. Kripa Shankar Nanda, 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 2014 (2) JCR 182 (Jhr) : 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.
The State of Jharkhand & others, in 2014 (2) JCR 182 (Jhr) : 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. 6. 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. 7. Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 3, District Education Officer, Gumla to take a decision in the matter of grant of leave encashment amount to the petitioners after due scrutiny of their relevant service records individually 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. 8. The writ petition is accordingly disposed of. Petition disposes of.