Champa Devi vs State Of Jharkhand And Ors

The petitioner is widow of late Kuber Mahto, who died in harness on 4.4.2011 while working as Assistant Teacher in St. Anne's Girls High School, Chainpur, Gumla. It is the contention of the petitioner that the school in question is an Aided Minority High School and all expenses towards payment of salary and death cum retirement benefits of the petitioner's husband had been funded by the State Government from the public exchequer. The petitioner is also getting family pension on the basis of the pension payment order issued by the office of the Accountant General.

In the present writ application, the grievance of the petitioner is in relation to non-payment of leave encashment amount on the earned leave outstanding against the name her deceased husband. She has also stated that other death cum retirement dues have already been paid to the petitioner and that salary and the death cum retirement benefits of the petitioner has been paid out of the grant-in-aid provided by the State Government.

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. According to the petitioner, 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.

Counsel for the State does not dispute that the aforesaid issue relating to admissibility of the earned leave encashment amount to the teachers of Non-Government/Aided Minority School has now been decided by the judgment rendered in the case of Mariyam Tirkey(Supra) and affirmed upto the Hon'ble Supreme Court.

Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 3- District Education Officer, Gumla to take a decision in the matter of grant of leave encashment amount to the petitioner after due scrutiny of the relevant service records of the deceased husband of the petitioner and in view of the judgment rendered in the case of Mariyam Tirkey (Supra) within a period of ten weeks from the date of receipt of a copy of this order along with the representation on behalf of the petitioner.

The writ petition is accordingly disposed of.