David Peter son of late Peter John vs The State of Bihar

Heard learned counsel for the petitioner and learned counsel

for the State.

The question involved in the present writ application is

as to whether or nor the teachers employed in Non-Government Aided

Minority Schools can avail the benefits of encashment of leave.

The facts of the case are not in dispute.

The petitioner was initially appointed as an Assistant

Teacher in Catholic High School, Arrah, Bhojpur. The school of the

petitioner is a minority school in the district of Arrah. The

government approved the services of the petitioner and he

superannuated on 31st January, 2016 from the service of Catholic

High School, Arrah.

It is submitted by the learned counsel for the petitioner

that the issue involved in the present case has already decided by this

Court in C.W.J.C. No.10535 of 2016 ( Raghib Hassan vs. The State

of Bihar & Others ).

A counter affidavit has been filed on behalf of the State

wherein all the facts stated in the writ application have been admitted.

However, it is stated in paragraph 9 of the counter affidavit that the

department has decided to take legal opinion on the issue in question

in coming days.

Considering the fact that the present case is squarely

covered by the decision of this Court in Raghib Hassan vs. The State

of Bihar & Others (supra), the writ application is disposed of on the

same terms. The respondents are directed to pay all the dues of leave

encashment to the petitioner as per the entitlement without any delay

preferably within a period of three months from the date of production

of a copy of this order failing which the respondents would be liable

to pay interest at the rate of eight per cent per annum on such delayed

payment from the date the amount became due till the date of actual

payment.