Disposed

Alexia Ekka v. The State Of Jharkhand And Ors.

Jharkhand HC13 Jun 2016WPC/2114/2016

Case brief

AI extract

What is this about?

The High Court of Jharkhand disposed of a writ petition seeking leave encashment for the deceased husband of the petitioner, an Assistant Teacher in an Aided Minority School. Directing the District Education Officer to scrutinize service records and grant the amount within ten weeks, relying on prior judgments.

What did the court decide?

Petitioner directed to get leave encashment amount granted by respondent no. 3 after scrutiny of service records within ten weeks.

Alexia Ekka Vs The State Of Jharkhand And… — Pension and Retirement Benefits | Jharkhand HC (2016)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

¶2

W.P.(S) No. 2114 of 2016

¶3

Alexia Ekka, widow of late Siril Lakra, resident of At, P.O. & P.S. Chainpur, District-Gumla. ..… Petitioner

¶4

Versus

¶5

1.The State of Jharkhand

¶6

2.The Director, Secondary Education, Jharkhand, Ranchi 3.The District Education Officer, Gumla 4.Secretary/Headmaster, Barway High School, Chainpur, Gumla ..... Respondents

¶7

CORAM: HON'BLE MR. JUSTICE ANANDA SEN

¶8

For the Petitioner : Mr. Madan Mohan Pan, Advocate

¶9

Mr. K.N. Sahay, Advocate

¶10

For the Respondents : Mr. Sumir Prasad, Advocate

¶11

02/Dated: 13th June, 2016

¶12

The petitioner is widow of late Siril Lakra, who died in harness on 05.01.2011while working as Assistant Teacher in Barway 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.

¶13

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 of 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.

¶14

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

¶15

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.

¶16

Counsel for the State does not dispute that the aforesaid issue relating to admissibility of the earned leave encashment amount to the teachers of NonGovernment/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.

¶17

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.

¶18

The writ petition is accordingly disposed of.

¶19

(Ananda Sen, J.)

¶20

Amar

Alexia Ekka v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

Alexia Ekka v. The State Of Jharkhand And Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Mantu Saw Alias Kumar Vs The State Of Jharkhand

Nitesh Laha Alias Buku Vs The State Of Jharkhand

Badsah Khan Vs The State Of Jharkhand

Pinki Sardar Vs Human Resources Department

Sohwa Devi Vs Central Coalfield Ltd. Through The Chairman Cum Managing Director And Ors.

Madan Singh Munda Vs Human Resources Department