ASHESHWAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is said to have retired on 30.04.2004 as Assistant Teacher from the services of respondent-Jubilee High School, Govindpur, Khunti. It is the contention of the petitioner that the school in question is a Non-Government aided Minority School and all expenses towards payment of salary and retirement benefits of the school employees have been funded by the State Government from public exchequer. The petitioner is also getting pension on the basis of the Pension Payment Order issued by the office of the Accountant General.

(2.) In the present writ petition, the grievance of the petitioner is in relation to non-payment of leave encashment amount on the earned leave outstanding against him. He has also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.

(3.) Learned counsel for the petitioner submits that though, the claim of the petitioner was resisted earlier by the respondent-State Government, but 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 & others' in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd Jan., 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Honourable Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606- 20607/2014. According to the petitioner, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Honourable Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioner.