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2018 DIGILAW 1100 (JHR)

Nistar Bhengra v. State Of Jharkhand

2018-05-14

SHREE CHANDRASHEKHAR

body2018
JUDGMENT Shree Chandrashekhar, J. – Prayer in the writ petition is for a direction upon the respondents for payment of leave encashment to the petitioner. 2. The petitioner has pleaded that he was appointed as Assistant Teacher in a government aided minority school on a sanctioned post. After his superannuation from service he has been paid pension and other post-retiral benefits, however, leave encashment has not been paid to him. The petitioner has produced Pension Payment Order to establish his claim. 3. Mr. Kripa Shankar Nanda, the learned counsel for the petitioner submits that the issue whether leave encashment is payable to the teachers and non-teaching staff of the government aided minority school/institution has been authoritatively decided by a decision of Division Bench of this Court in "Mariyam Tirkey Vrs. The State of Jharkhand and Others,2014 1 JBCJ 465" (HC). 4. The decision in Mariyam Tirkey has been approved by the Supreme Court and based on this decision several writ petitions filed by the teaching/non-teaching employees of the government aided minority institutions have been allowed by other co-ordinate Benches of this Court. 5. The learned State counsel does not dispute the above proposition, however, submits that leave encashment can be paid to the petitioner only upon verification of his service record. 6. Accordingly, the writ petition stands allowed with a direction to the District Superintendent of Education, Khunti-respondent no.3 to ensure payment of leave encashment to the petitioner within 6 weeks, on due verification of his service record.