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2018 DIGILAW 2082 (JHR)

Johan Horo v. State of Jharkhand

2018-09-17

APARESH KUMAR SINGH

body2018
JUDGMENT : APARESH KUMAR SINGH, J. 1. Heard learned counsel for the parties. 2. Petitioners have sought payment of leave encashment after their retirement from minority schools in question namely St. Teresa Girls High School, Bandgaon and St. Xavier’s Girls High School, Chaibasa, West Singhbhum. According to them their appointment were approved by the competent authority from the date of their joining and all expenses towards their salary and retirement benefits are being funded by the State Government in the light of policy decision of the State. The chart containing the name, date of appointment, date of retirement and names of the school furnished under Para 6 is extracted herein-below:- S. No. Name Date of appointment and post Date of retirement and post Name of the School 1. Johan Horo 01.04.1983 Asst. Teacher 31.05.2011 Asst. Teacher St. Teresa Girls High School, Bandgaon, West Singhbhum at Chaibasa 2. Miss. Silvia Kujur 01.09.1979 Asst. Teacher 30.07.2007 Asst. Teacher St. Teresa Girls High School, Bandgaon, West Singhbhum at Chaibasa 3. Miss Christina Tirkey 16.10.1975 Asst. Teacher 31.12.2010 Asst. Teacher St. Xavier’s Girls High School, Chaibasa 4. Stephany Lakra 22.06.1965 Asst. Teacher 31.05.2000 Asst. Teacher St. Xavier’s Girls High School, Chaibasa 3. Learned counsel for the petitioners contends that the issue is now settled in view of the decision of the learned Division Bench of this Court in the case of Mariyam Tirkey vs. State of Jharkhand and Others, W.P. (S) No. 506/2013 and analgous cases dated 03.01.2014. He submits that Special Leave to Appeal (C) Nos. 20606-20607/2014 preferred by the State of Jharkhand has also been dismissed by the Apex Court vide judgment dated 15.12.2014. 4. Learned counsel for the State does not dispute that the aforesaid issue relating to the admissibility of earned leave encashment to the teachers of recognized aided minority schools has been decided by the judgment rendered in the case of Mariyam Tirkey (Supra). He submits that if so directed the competent authority/Respondent no. 3, the District Education Officer, West Singhbhum, Chaibasa would consider the claim of the individual petitioners after due scrutiny of materials on record and in accordance with law within stipulated time. 5. Considered the submission of learned counsel for the parties and the relevant material facts noted above. The issue at hand is settled by the judgment rendered in the case of Mariyam Tirkey (supra) by the learned Division Bench of this Court. 5. Considered the submission of learned counsel for the parties and the relevant material facts noted above. The issue at hand is settled by the judgment rendered in the case of Mariyam Tirkey (supra) by the learned Division Bench of this Court. Therefore, the competent authority/Respondent no. 3, the District Education Officer, Chaibasa would examine the claim of the individual petitioners after scrutiny of their service record in accordance with law and also in view of the judgment rendered in the case of Mariyam Tirkey (supra) within a period of 10 weeks from the date of receipt of copy of this order along with individual representations on behalf of the petitioners. Admissible dues, if any, would be paid within 4 weeks, thereafter. 6. The writ petition stands disposed of.