KALICHARAN PRASAD (IN 497), SAROJINI TOPPO (IN 508), SATYANARAYAN PRASAD (IN 514), HILARIUS KULLU (IN 514), TAWHID ANSARI (IN 518), RAHIL PURTY (IN 654), SR. ANGELA KULLU (IN 1080) Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) These petitioners are said to be Assistant Teachers in different Government Recognized Aided Minority High Schools in the district of Simdega, Gumla and Khunti. Details relating to the name of the school and date of retirement of the individual petitioners along with the writ petition number are being furnished herein below by way of chart, as furnished by the counsel for the petitioners. <FRM>JUDGEMENT_141_LAWS(JHAR)3_2014.html</FRM>

(3.) Petitioners' grievance is in relation to non-payment of leave encashment amount on the earned leave outstanding against their name. Counsel for the petitioners submits that the aforesaid claim of these petitioners were not being allowed on the basis of circulars dated 28th June 1983 and 20th February 1990, as per which, retired teachers of such minority schools are entitled to post retirement benefits except leave encashment in respect of those teachers whose services have been approved by the respondent authority of the State. However, it is submitted that 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 [WPS No. 506/2013 and analogous cases] on 3rd Jan. 2014. The said judgment is annexed as annexure-10 to the individual writ petitions. Accordingly, prayer has been made on behalf of the petitioners that these writ petitions may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench of this Court, by directing the respondents to pay the earned leave encashment amount to the petitioners as their representations before the respondents have not yet been redressed.