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2018 DIGILAW 2569 (JHR)

Abhinandan Singh v. State Of Jharkhand

2018-11-27

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Heard learned counsel for the parties. 2. Petitioner is claiming admissible leave encashment amount of his deceased father who retired on 31.12.2012 from the post of Assistant Teacher in St. Teresa Girls'' High School, Bandgaon, West Singhbhum at Chaibasa and died on 30.03.2017 leaving behind the petitioner and a daughter Vidya Kumari, aged 19 years. Service of petitioner''s father was recognized and salary and other emoluments were borne out of the funds released to the school which is Government Recognized Minority Aided High School. Pension Payment Order bearing no. 111308411 was also issued on 31.03.2013 in the name of the employee. However, leave encashment amount remains due. 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 in WPS No. 506/2013 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. 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. 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 Education Officer, West Singhbhum at Chaibasa, 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, the locus and identity of the petitioner 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. Dependent upon such determination, admissible dues, if any, be released in favour of the legal heir, thereafter. 6. The writ petition is accordingly disposed of.