Allowed

Affan Quadri v. Education

Jharkhand HC7 Sept 2017WPC/4007/2017

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What is this about?

In this writ petition, the petitioner, an Assistant Teacher in a minority aided school, sought payment of leave encashment. Relying on the Mariyam Tirkey judgment, the court allowed the petition, directing the District Superintendent of Education to ensure payment of leave encashment within six weeks, subject to no other legal disability.

What did the court decide?

Direction to Respondent No. 3 to take necessary steps within six weeks for payment of leave encashment to the petitioner if there is no other legal disability.

Affan Quadri Vs Education — Education and Admissions | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No.4007 of 2017

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Affan Quadri, son of late Abdul Mannan, resident of 223 Mehandi-Sundarban Phase-II, Post Office- Pardih and Police Station-Mango, Jamshedpur, District-East Singhbhum .... Petitioner -Versus-

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The State of Jharkhand through the Secretary, School Education and Literacy Department, Government of Jharkhand, MDI Building, Dhurwa PO & PS-Dhurwa, District-Ranchi

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The Director, (Secondary Education), Education and Literacy Department, Government of Jharkhand, MDI Building, Dhurwa, PO & PS-Dhurwa, District-Ranchi

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The District Superintendent of Education, Jamshedpur, Post Office-Jamshedpur, Police Station-Jamshedpur, District-East Singhbhum

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The Headmaster, Kabiria Urdu Middle School, Jamshedpur, Post Office-Jamshedpur, Police Station-Jamshedpur, DistrictEast Singhbhum

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The Secretary, Kabiria Urdu Middle School, Jamshedpur, Post Office-Jamshedpur, Police Station-Jamshedpur, DistrictEast Singhbhum ….... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Arshad Hussain, Adv. For the Resp.-State : Mr. Baleshwar Yadav, JC to SC-I -----

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04/07.09.2017 Prayer in the writ petition is for payment of leave encashment.

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The petitioner has pleaded that he was appointed in a minority aided school as Assistant Teacher. Referring to order of this Court in decision of Division Bench of this Court in “Mariyam Tirkey Vrs. The State of Jharkhand and Others” reported in 2014 (1) JBCJ 465 (HC), the learned counsel for the petitioner submits that the issue, whether leave encashment to the teachers employed under minority aided schools is payable or not, has been authoritatively decided by the judgment in Mariyam Tirkey case. This proposition of law has not been 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

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the preposition statement duly approved by the competent authority.

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In the above facts, the writ petition stands disposed of with a direction to the respondent no.3-the District Superintendent of Education, Jamshedpur to take necessary steps, within six weeks for payment of leave encashment to the petitioner, if there is no other legal disability for payment of the same to the petitioner.

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(Shree Chandrashekhar, J.)

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sudhir

Affan Quadri v. Education

Case brief

What is this about?

What did the court decide?

Affan Quadri v. Education

Case brief

What is this about?

What did the court decide?

What the court decided

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