RANJIT KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THESE two petitioners have retired as Assistant Teachers from St. Joseph's School, Guhiajori, Dumka, a Government Recognized Aided Minority School, on 31.02.2002 and 28.02.2002 respectively. The only grievance of the petitioners is that their claim for leave encashment amount earned during the period of their service, has been rejected by the impugned order dated 18.02.2009 (Annexure -10) passed by the District Education Officer, Dumka pursuant to the representations made by these petitioners on the basis of the observations and directions passed in their earlier writ petition being WPS No. 1796/2003.

(3.) RESPONDENTS have contested the prayer and defended the impugned order, relying upon the resolution of the successor State of Jharkhand dated 12.09.2006, as per which, teachers of Aided Minority Schools could not be entitled to the benefits of earned leave encashment amount, though they would be entitled to pension, gratuity and provident fund amount, as per resolution of the State of Bihar bearing Memo No. 777 dated 31.03.1981 and Circular No. 1775 date 30.08.1980. Therefore, the claim of the petitioners have been rejected by the respondent District Education Officer, Dumka.