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2018 DIGILAW 2512 (JHR)

Teresa Ekka v. State Of Jharkhand

2018-11-20

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the parties. 2. Petitioner is the widow of Late Fulzensiyush Kerketta, who retired on 31.03.2008 from the post of Assistant Teacher at R.C. Middle School, Lapung, Ranchi, a recognized Government Aided Minority Primary School. Her husband died on 27.01.2016. Grievances of the petitioner is in relation to non-payment of leave encashment amount of her husband. She has stated that P.P.O. has also been issued by the office of Accountant General, Jharkhand. 3. Counsel for the petitioner submits that though, the claim of the petitioner 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 vs. The State of Jharkhand and others,2014 1 JBCJ 465 in WPS No. 506/2013 and analogous cases dated 3rd January 2014 which has also been reported in 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. Accordingly, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench by directing the respondents to pay the earned leave encashment amount to the petitioner. 4. Counsel for the 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. 5. Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 3- District Superintendent of Education, Ranchi to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of the relevant service records of the deceased employee 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 petitioner. 6. The writ petition is accordingly disposed of.