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2017 DIGILAW 1158 (JHR)

Amalda Kerketta, D/o Late Benodik Kerketta v. State of Jharkhand

2017-07-17

S.N.PATHAK

body2017
JUDGMENT : 1. Heard learned counsel for the parties. 2. The petitioners have approached this Court with a prayer for payment of unutilized Earned Leave to the petitioners, who were Assistant Teachers in Government Recognized Minority Aided Schools in the District of Gumla. Factual Matrix:- 3. It is the case of the petitioners that they are retired teacher of Minority Primary/ Middle School, details of the individual are being shown the chart given below :- Sr. No. Name of the petitioner/Teacher Name of the School Date of appointment Date of retirement 1. Amalda Kerketta Saint Yud Middle School, Nawadih 01/03/1996 28.02.2017 2. Bernadet Toppo R.C. Primary School, Irabad 22/11/1984 28.02.2017 3. Kumudini Toppo R.C. Primary School, Hutarbur Toli, Dumri 12/05/1987 30.04.2017 4. Filomeena Ekka Ursline Girl Middle School, Tongo 11/01/1982 28.02.2017 5. Smt. Mery Tarsila Minz R.C. Middle School, Bimrala 18/07/1985 05.06.2011 6. Ishwar Ram Yadav R.C. Mission Primary School, Samal 03/05/1980 28.02.2017 7. Smt. Fransiska Toppo R.C. Primary School, Jori 18/01/1982 28.02.2017 8. Hiraluyus Lakra R.C. Boy Middle School, Kalkahi 01/07/1975 31.01.2017 4. Further, the case of the petitioners is that after retirement, petitioners received family pension and other dues from grant-in-aid provided by State Exchequer and also are getting pension but till date Earned Leave payment has not been paid to them. The petitioners represented before the respondent No. 4 regarding the said dues, but the same was not disposed of. 5. Mr. Binod Kumar, learned counsel for the petitioner submits that this issue is now no more res-integra and this Hon'ble Court in W.P.(S). No. 1920 of 2016 (Chamu Oraon Vs. State of Jharkhand & Ors.) has considered the similar issue raised by other similarly situated persons and vide order dated 19.05.2016, by a coordinate Bench of this Court passed following the order:- “ Having heard learned counsel for the parties, in such circumstances, these writ petitions are being disposed of by directing the respondents No. 3, District Superintendent of Education, Gumla to take a decision in the matter of grant of leave encashment amount to the individual petitioner after due scrutiny of the relevant service records of the individual petitioner/employee in question 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 alongwith the representation on behalf of the individual petitioner”. 6. Mr. 6. Mr. Binod Kumar further submits that though the claim of the petitioners was resisted earlier by the State Government, in view of the fact that issue has been finally settled in view of the judgment rendered by the learned Division Bench of this Court in the case of Mariyam Tirkey Vs. The State of Jharkhand & Ors in W.P (S) No. 506 of 2013 and analogous cases dated 03.01.2014, which has also reported in 2014 (10) JBCJ 465 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in SLP © No. 20606-20607/2014. 7. Learned counsel for the respondents submits that in view of the earlier order of this Court rendered by the Division Bench in the case of Mariyam Tirkey (Supra) and affirmed up to the Hon'ble Apex Court, the writ petition may be disposed of in view of the said order. 8. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that as the issue is no more res-integra and the same has been decided by this Court in case of Mariyam Tirkey (Supra) and affirmed up to the Hon'ble Apex Court, the petitioners are also entitled for the same and similar benefit as has been extended to similarly situated other teachers. 9. In view of the settled position of law and in view of the judicial pronouncements, I hereby direct the respondent No. 4 to take a final 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 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. 10. The writ petition is accordingly disposed of.