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Judgment
Mr. Pramath Patnaik, J. - Heard learned counsel for the parties.
Learned counsel for the petitioners submitted that the petitioners/petitioners'' husband are retired teachers of Minority Aided Schools, details of the individual are being shown in the chart given below:
Sl. No.
Name of the petitioner
Name of the School
Date of appointment
Date of Retirement
1.
Smt. Julia Ekka
R.C. Middle School, Bimrala, Gumla
20.11.1981
30.06.2006
2.
Barnabas Kujur
R.C. Middle School, Bimrala, Gumla
10.05.1982
31.03.2005
3.
Madan Bhagat
01.04.1981
31.03.2006
4.
Herman Kindo
R.C. Primary School, Khukradih, Gumla
13.09.1984
31.07.2013
5.
Manmait Kumari
R.C. Mission Primary School, Tilsere, Ambatoli, Gumla
01.11.1983
31.07.2011
6.
Aghatha Minz
R.C. Middle School, Bhagitoli, Dumri, Gumla
14.01.1989
Husband died during service on 18.03.2016
7.
Smt. Anna Toppo
R.C. Mission Primary School, Samal, Sesai, Gumla
27.01.1986
30.11.2013
8.
Felesitash Toppo
R.C. Primary School, Sekoee, Raidih, Gumla
11.06.1979
30.04.2012
9.
Asyani Bara
R.C. Primary School, Farsama, Basia, Gumla
01.11.1981
30.06.2016
10.
Teresa Minz
R.C. Middle School, Dumber Path, Bishnupur, Gumla
02.04.1975
Husband died during service on 14.11.2006
11.
Chonhati Lakra
G.E.L Primary School, Jalka, Sesai, Gumla
01.09.1984
29.02.2016
It is the contention of the petitioners that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioners are also getting 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 petitioners is in relation to non-payment of leave encashment amount on the earned leave outstanding against them. They have also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.
Learned counsel for the petitioners submits that though, the claim of the petitioners 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 v. The State of Jharkhand and others in W.P.(S) No. 506 of 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 petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon''ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioners.
Learned counsel appearing for the Respondent-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 up to 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. 4, District Education Officer, Ranchi to take a decision in the matter of grant of leave encashment amount to the petitioners after due scrutiny of their relevant service records 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 petitioners.
The writ petition is accordingly disposed of.