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2023 DIGILAW 44 (JHR)

Saihun Barla v. State of Jharkhand

2023-01-11

ANANDA SEN

body2023
JUDGMENT : Heard the parties. 2. Counsel for the petitioner submits that in this writ application petitioner has prayed for grant of leave encashment along with interest. 3. Petitioner superannuated as Assistant Teacher after serving from SPJ (CNI) Mission Primary School, Kain Banki, Rania, Khunti. He claimed that the amount of leave encashment has not been paid to him. 4. During course of argument, learned counsel for the petitioner submits that now in the month of June, 2022 the amount of leave encashment has been paid in view of the judgment passed by this Court in the case of Mariyam Tirkey Vrs. State of Jharkhand & Ors. reported in 2014(1) JLJR 465 . He claimed that as the amount has been paid belatedly, he is entitled for interest from the date of superannuation till payment. 5. Counsel for the State submits that amount of leave encashment has already been paid and their entitlement was crystalized only after the judgement passed by this Court in the case of Mariyam Tirkey (Supra). 6. From the argument advanced by the parties, it is clear that the petitioner has received the amount of leave encashment. Earlier the question that whether the teachers of Minority Aided Institution were entitled to receive the benefit of leave encashment or not was under cloud. Only on 3.1.2014 in the case of Mariyam Tirkey (Supra) by virtue of order passed by this Court it was held that the teachers of Non-Government Aided Minority School are entitled for the said benefit. The order passed by this Court was challenged up to the Hon’ble Supreme Court. The Hon’ble Supreme Court dismissed the Special Leave Petition being SLP(Civil) No(s). 20606-20607 /2014 on 15.12.2014 upholding the said order. Thus, on and from 15.12.2014 the entitlement of the petitioner has been crystalized. The respondents ought to have released the amount immediately thereafter at least within six months from the date of the decision of the Hon’ble Supreme Court, but the same was disbursed only in the month of June,2022. The Hon’ble Supreme Court in the case of Dr. A. Selvaraj Vrs. CBM College & Ors. reported in (2022) 4 SCC 627 has held that delayed payment of retiral benefits will attract interest. 7. The Hon’ble Supreme Court in the case of Dr. A. Selvaraj Vrs. CBM College & Ors. reported in (2022) 4 SCC 627 has held that delayed payment of retiral benefits will attract interest. 7. Considering the aforesaid judgment and the peculiar facts of this case, I hold that petitioner is entitled for grant of interest on delayed payment of leave encashment amount at least from June 2015 till the date of payment. The respondents are directed to calculate the interest @ 7% per annum from June 2015 till the date of payment and will pay the same within three months from the date of receipt of copy of this order. 8. Accordingly, the instant writ application stands allowed.