Writ petition filed for payment of leave encashment. Court directed the District Superintendent of Education to take steps within six weeks to pay leave encashment to the petitioner if no legal disabilities exist.
Directed respondent no. 4 to take necessary steps within six weeks to pay leave encashment to the petitioner if there is no legal disability.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 3394 of 2017
Rijwan Ahshan Safdari, son of Shuja Uddin Safdari, 113, Road No. 10 b Block, PO&PS-Bistupur, Jamshedpur, Jharkhand
Versus
... ... Respondents
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Anil Kumar, Advocate For the Respondents : J.C. to S.C. (Mines)
03/07.09.2017 Prayer in the writ petition is for payment of leave encashment.
Referring to decision in “Mariyam Tirkey vs. State of Jharkhand” reported in 2014 (1) JBCJ 465 (HC), the learned counsel for the petitioner submits that the petitioner who was appointed in a minority aided school is entitled for leave encashment.
This proposition in law is not disputed by the learned State counsel, however, it is submitted that leave encashment can be paid to a teacher only if the appointment was within sanctioned strength, evidenced in the preposition statement duly approved by the competent authority.
In the above facts, the District Superintendent of Education, Jamshedpur-respondent no. 4 is directed to take necessary steps, within six weeks, for payment of leave encashment to the petitioner, if there is no legal disabilities in payment of the same to the petitioner.
The writ petition stands disposed of.
(Shree Chandrashekhar, J.)
Tanuj/-
1 issue framed by the court
Whether a teacher appointed in a minority aided school is entitled to payment of leave encashment.
Colour shows how this judgement treated each authority
Mariyam Tirkey vs. State of JharkhandReferred¶13
Mariyam Tirkey vs. State of Jharkhand
Rijwan Ahshan Safdari
The State of Jharkhand
The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand
The Director, Primary Education, Department of School and Literacy, Govt. of Jharkhand
District Superintendent of Education, Jamshedpur
Secretary/Head Master, Faizuloloom Urdu Middle School, Dhatkidih
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
