MARCEL GURIA Vs. STATE OF JHARKHAND THROUGH SECRETARY

JUDGEMENT

(1.) The petitioner is said to have retired on 31.01.2015 as an Assistant Teacher of R.C. Primary School, Gutuhatu, Torpa, Khunti, a recognized Government Aided Minority Primary School.

(2.) Grievances of the petitioner is in relation to non-payment of leave encashment amount. According to the petitioner she was appointed on 16.01989 as an Assistant Teacher in the said school. Her appointment was on sanctioned post and her preposition statement was also approved by the Director, Primary Education, Jharkhand. She has further stated that her pension has been released by the Accountant General, Jharkhand. Only leave encashment has not been paid.

(3.) 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 and Others in WPS No. 506/2013 and analogous cases dated 3rd January 2014 which has also been reported in 2014 (1) JBCJ 465 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. Accordingly, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench by directing the respondents to pay the earned leave encashment amount to the petitioner.