MUKTA CHEROWA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has approached this Court seeking a direction upon the respondents for payment of leave encashment. Heard learned counsel appearing for the parties and perused the documents on record.

(2.) THE petitioner superannuated from service with effect from 01.08.2009. She was appointed as an Assistant Teacher on 15.09.1970 in a Minority Aided School. Since the claim of the petitioner was not granted, the petitioner has approached this Court by filing the present writ petition.

(3.) THE learned counsel appearing for the petitioner submits that this Court in C.W.J.C. No. 2162 of 1999 (R) by order dated 20.08.2002 interpreted clause 2 of the circular dated 20.02.1990 and held that leave encashment to the teachers employed in Non -government aided and Minority schools cannot be denied. In W.P. (S) No. 522 of 2002, a learned Single Judge of this Court distinguished the order passed on 20.08.2002 in C.W.J.C. No. 2162 of 1999 (R) and held that order passed in C.W.J.C. No. 2162 of 1999 (R) is not a judgment 'in rem' but 'in personam' and therefore, it would not be applicable to others. The State preferred Review petition against the order passed in C.W.J.C. No. 2162 of 1999 (R) which was dismissed and thereafter, Letters Patent Appeals against the orders passed in the Review petition as well as in the writ petition were preferred by the State which also stood dismissed. Special Leave Petition bearing S.L.P. (C) No. ...../2006 (C.C. No. 7881 of 2006) was preferred by the State of Jharkhand which was also dismissed by order dated 21.02.2006 and therefore, the reliance placed by the State on the judgment passed in W.P. (S) No. 522 of 2002 and on the circular dated 06.06.1983, is not justified and the petitioner should have been granted the benefit of leave encashment. The learned counsel appearing for the petitioner has relied on the judgment by the Full Bench of this Court in "Dr. Dudh Nath Pandey Vs. State of Jharkhand and Ors." reported in : 2007 (4) JCR 1 (Jhr), which has been affirmed by the Hon'ble Supreme Court by order dated 14.08.2013.