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2018 DIGILAW 2798 (JHR)

Laurencia Lakra v. State Of Jharkhand

2018-12-18

APARESH KUMAR SINGH

body2018
JUDGMENT Aparesh Kumar Singh, J. - Petitioner is said to have retired on 30.04.2017 as Teacher of R.C. Primary School, Jamtoli, Kolibera, Simdega, a recognized Government Aided Minority Primary School. 2. Grievances of the petitioner is in relation to non-payment of leave encashment amount. According to the petitioner, she has received all her retirement benefits except the leave encashment amount. She is also receiving pension as pension payment order has 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 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. 4- District Superintendent of Education, Simdega 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 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. 6. The writ petition is accordingly disposed of.