PATRAS HORO, SON OF LATE JOHN HORO, RETIRED ASSISTANT TEACHER, NIRMALA HIGH SCHOOL, MAHAUGAON, LAPUNG Vs. THE STATE OF JHARKHAND & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties. Learned counsel for the petitioners submitted that the petitioners are retired Assistant teachers of Government Recognized Minority Aided High School, details of the individual are being shown in the chart given below: <FRM>JUDGEMENT_149_LAWS(JHAR)3_2017_1.html</FRM> It is the contention of the petitioners that the schools in question is Government Recognized Minority Aided High School and all expenses towards payment of salary and retirement benefits of the school employees is funded by the State Government from the public exchequer. The petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General.

(2.) In the present writ application, the grievance of the petitioners is in relation to non-payment of leave encashment amount on the earned leave outstanding against them. They have 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.) Mr. Deepak Kr. Prasad, learned counsel for the petitioners submits that though, the claim of the petitioners 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 v. The State of Jharkhand and others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465, 466 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, 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 Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioners.