DURGA RAM VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner was appointed as Clerk on 12.8.1977 in Pratibhamayee Balika Uchha Vidyalaya, Tharpkakhna Ranchi. Permanent recognition of which school had been given by the State Government, vide its letter as contained in memo no.406/81 -86 Patna dated 24.11.1976. Subsequently, Government of Bihar, vide its order as contained in memo no. 101/87 -88 dated 14.12.1978 had declared the school as a minority school. The petitioner did work and drew salary regularly till December 1989, i.e, more than 10 years. Thereafter the Management of the school decided for closer of the school and as such, payment to the petitioner and other staffs were stopped. Thereupon, the petitioner did move before the authority for his adjustment in other school and also for payment of retiral dues. When nothing was done, petitioner did move before this Court, vide C.W.J.C. No.2752 of 1999 (R) for a direction to the authority to make payment of the retiral dues. The said writ application was disposed of by directing the Director, Secondary Education, Government of Jharkhand to consider the case of the petitioner and to decide the claim of the petitioner either one way or the other by a reasoned order. Thereupon a fresh representation was filed by the petitioner before the Director, Secondary Education, Government of Jharkhand, respondent no.3 stating therein that since he has completed more than 10 years of service, he is entitled to pensionary benefit even though school where he was working got closed. However, claim of the petitioner was rejected by the respondent no.2 as contained in Annexure 7 holding therein that services of teaching as well as non -teaching staffs of the minority schools being non -transferable would come to an end if the school gets permanently closed and as such, the petitioner is not entitled to any pensionary benefit.

(2.) 2005(4) JLJR 135, wherein this Court having noticed the Government resolution no.237 dated 20.2.1999 held that teaching and non -teaching employees of Non -Government Aided Schools or Minority Primary/Middle Schools are entitled to the benefit of the pension including family pension, gratuity and provident fund, though they are not entitled to leave encashment.