Disposed

Kusum Mundu And Anr. v. Education

Jharkhand HC7 Sept 2017WPC/2761/2017

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What is this about?

Petitioners, teachers in a minority aided school, challenged the denial of leave encashment. Relying on a precedent, the court directed the District Superintendent of Education to pay the amount within six weeks, subject to no legal disabilities.

What did the court decide?

Directed District Superintendent of Education to take steps within six weeks for payment of leave encashment if no legal disabilities exist.

Kusum Mundu And Anr. Vs Education — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 2761 of 2017

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Kusum Mundu, wife of Masihdas Mundy, resident of House No. 32, Block-C, Zone-3, Birsanagar, Jamshedpur, District-East Singhbhum at Jamshedpur

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Saroj Kachhap, wife of C. Kumar Kachhap, resident of H.No. 32, Block-C, Zone-3, Birsanagar, PO&PS-Jamshedpur, District East Singhbhum at Jamshedpur …. ... Petitioners

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Versus

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The State of Jharkhand through the Secretary, Department of School Education & Literacy, Govt. of Jharkhand, Project Bhawan, HEC Township, PO&PS-Dhurwa, District-Ranchi

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The Director, (Primary Education), Department of School Education & Literacy, Govt. of Jharkhand, Project Bhawan, HEC Township, PO& PS-Dhurwa, District-Ranchi

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The District Superintendent of Education, East Singhbhum at Jamshepur, PO&PS-Jamshedpur, District-East Singhbhum at Jamshedpur

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Tinplate Christian Club Middle School, Golmuri, PO&PS-Golmuri, District-East Singhbum at Jamshedpur through its Secretary, Managing Committee, Tinplate Christian Club Middle School, Golmuri, PO&PS-Golmuri, District-East Singhbhum at Jamshedpur ... ... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioners : Mr. Rahul Kumar, Advocate For the Respondents : Mr. Prem Pujari Roy, J.C. to G.P. IV

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03/07.09.2017 Prayer in the writ petition is for payment of leave encashment.

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Referring to decision in “Mariyam Tirkey vs. State of Jharkhand” reported in 2014 (1) JBCJ 465 (HC), the learned counsel for the petitioners submits that the petitioners who were appointed in a minority aided school are entitled for leave encashment.

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This proposition in law is not disputed by the learned State counsel, however, it is submitted that leave encashment can be paid to teachers only if the appointment was within sanctioned strength, evidenced in the preposition statement duly approved by the competent authority.

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-2-

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In the above facts, the District Superintendent of Education, East Singhbhum at Jamshedpur-respondent no. 3 is directed to take necessary steps, within six weeks, for payment of leave encashment to the petitioners, if there is no legal disabilities in payment of the same to the petitioners.

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The writ petition stands disposed of.

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(Shree Chandrashekhar, J.)

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Tanuj/-

Kusum Mundu And Anr. v. Education

Case brief

What is this about?

What did the court decide?

Kusum Mundu And Anr. v. Education

Case brief

What is this about?

What did the court decide?

What the court decided

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