PAULUS MUNDU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD Mr. S.K. Ughal, learned counsel for the Petitioner and Mr.

(2.) THE Petitioner claims LA. Trained Scale from 1982. His claim is based upon Annexure -I which is an Order dated 16.12.1978 by which it appears that the Petitioner was granted I.A. Trained Scale. Mr. Ughal has submitted that the Petitioner continued to get that scale till August, 1982 but thereafter the same was stopped without assigning any reasons. According to the Respondents there was only one unit of LA. Trained pay scale for the concerned school and one Din Sandhu Ohdar was already working and getting that scale and therefore, although the Government had taken a decision of giving him the scale of LA. Trained from 01.04.1978 to August, 1982, the same was irregular and for that irregularity, the Petitioner cannot be allowed to plead estoppel against the State. There is substance in the submissions of Mr. A.K. Mehta.

(3.) SO far as the relief of Earned Leave encashment is concerned, Mr. A.K. Mehta has produced for perusal of this Court an unreported Judgment passed in WP. (S) No. 522 of 2002 delivered on 13.12.2002. In that case, it was held that the teaching and non teaching employees of non Government aided Schools or Minority Primary/Middle Schools are not entitled to leave encashment.