DHRUBA CHAKROBURTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for a direction upon the respondent No.3 to make the payment of amount of leave encashment with interest.

(2.) The short facts of the case lies in a narrow compass. The petitioner having requisite qualification for appointment as an Assistant Teacher was appointed on 208.1983 in Annada High School, Hazaribagh vide letter No. 283 dated 208.1983. After satisfactory service as Assistant Teacher, the petitioner was superannuated from his post on 30.04.2004. Subsequently, he submitted pension papers along with an application for payment of other retiral benefits before the respondent No.3 and on receipt of such application, the respondent No.3 sanctioned pension, gratuity, GPF amount of the petitioner except the amount of leave encashment. Aggrieved thereby, the petitioner represented before the respondents, but no heed was paid on the representations and as such, petitioner has been constrained to move before this Court.

(3.) At the very outset, Mr. M.M. Pan, learned counsel for the petitioner submits that the issue involved in this writ petition has already been decided by this Court in W.P.(S) No. 7259 of 2017 and Hon'ble Division Bench of this Court in case of Mariyam Tirkey Vs. The State of Jharkhand & Ors. in W.P.(S) No. 506/2013 and analogous cases vide order dated 001.2014 and now upheld up to the Hon'ble Apex Court vide Judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No.(s) 20606-20607/2014 and the case of the petitioner is squarely covered by that orders. Learned counsel for the petitioner further submits that this writ petition may also be disposed of in terms of the order passed in W.P.(S) No. 7259 of 2017, granting similar benefits to this petitioner also.