THE STATE OF JHARKHAND THROUGH THE SECRETARY (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND, RANCHI Vs. SABAN MARSHALEN BHENGRA, S/O LATE SAMUEL BHENGRA, RESIDENT OF VILLAGE

JUDGEMENT

(1.) I.A. No. 5805 of 2015 This interlocutory application under Sec. 5 of the Limitation Act has been filed by the appellant for condonation of delay of 313 days in preferring the instant Letters Patent Appeal.

(2.) Having heard learned counsel and looking to the reasons stated in paragraphs 4, 5 and 6 of the interlocutory application, there are reasonable reasons for condoning the delay in preferring the appeal. 3. Accordingly, I.A. No. 5805 of 2015 is allowed and delay in filing the instant appeal is condoned. L.P.A. No. 535 of 2014 This Letters Patent Appeal has been preferred against the judgment and order dated 7th Jan., 2014 delivered by the learned Single Judge in W.P.(S) No.1394 of 2013 whereby the writ petition preferred by respondent no.1 has been allowed and it was held by the learned Single Judge that the respondent is entitled to the Leave Encashment. Feeling aggrieved and dissatisfied with the judgment and order delivered by the learned Single Judge, original respondents-State have preferred this Letters Patent Appeal.

(3.) Having heard counsel for the respondents-State and looking to the facts and circumstances of the case, it appears that the question is about the applicability of the Circular dated 20th Feb., 1990, issued by the appellants so far entitlement of Leave Encashment to the respondent (original petitioner) is concerned, who has superannuated from service with effect from 01.02.2009 and who was working as Assistant Teacher from 03.11.1971 in the Minority Aided School.