UDAY SHANKAR UPADHYAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counter-Affidavit is taken on board.

(2.) The petitioners have approached this Court for quashing the impugned orders as contained in Memo No. 40 dated 08.01.2016 (Annexure-1), Memo No. 1188 dated 06.08.2016 (Annexure-2) and Letter No. 1737 dated 10.08.2015 (Annexure-3), whereby the respondents have ordered to recover the amount of Royalty and advance taken for construction of class-rooms from the amount of unutilized earned leave after retirement. Further prayer has been made to release the amount of cash in lieu of unutilized earned leave to which the petitioners are legally entitled after retirement.

(3.) The factual exposition as has been delineated in the writ petition is that the petitioners are retired teachers of nationalized school situated within the District of Giridih. After retirement, they have received their post retiral dues including the amount of pension, gratuity, GPF and group insurance. However, the amount of cash in lieu of unutilized earned leave, has been illegally withheld by the respondents on the pretext of dues of some royalty to be paid to Government and outstanding dues by way of advance given to the petitioners for construction of school rooms long back. It is the specific case of the petitioners that in view letters/Memo issued by the District Programme Officer sizable amount was pending against the petitioners as dues in form of Royalty and advance, which was not deposited in the Government funds after retirement.