CHARLEY LAZARUS Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AC to SC-2 for the State.

(2.) The present writ application has been filed seeking direction to the respondents to pay the amount of earned leave to the petitioner who retired from the services of Mission Middle School in the district of West Champaran at Bettiah.

(3.) Learned counsel submits that subsequent to retirement on 31.08.2013, the petitioner was paid various post retiral dues except for encashment of his earned leave. It is submitted that as the policy of the Government stands, the service of the teachers of aided minority schools have been granted post retiral benefits which includes encashment of earned leave. Learned counsel refers to a decision of the Jharkhand High Court in the case of Mariyam Tirkey W.P. (S) No. 506 of 2013 and other analogues writ petitions dated 03.01.2014 by which a Division Bench of the Court has negated the stand of the State that in light of the policy of the State Government contained in Letter No. 23/B 1-42/82 C 68 dated 06.06.1983/29.06.1983, the teachers of such school would only be granted pension including Family Pension, Gratuity and Provident Fund but excluding Group Insurance, Encashment, Earned Leave etc. Learned counsel submits that the counter of the State is also misplaced since the policy of the State of 1983 has been relied upon whereas in the year 1990 under departmental Memo No. 12/B 4-02/89-237 dated 20.02.1990, all post retiral benefits have been made payable to teachers of aided minority schools. Learned counsel submits that the said memo clearly indicates that the resolution has been approved by the Finance Department as well as the Cabinet. Learned counsel has also relied upon a circular of the Government of Bihar, Education Department contained in letter No. 12/B-8-58/87C 645 dated 31.07.1987 by which the petitioner was already getting the benefit of earned leave.