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Anwari Begam And Ors. v. Education

Jharkhand HC6 Sept 2017WPC/4138/2017

Case brief

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What is this about?

In this writ petition, petitioners employed as Assistant Teachers in minority aided schools prayed for payment of leave encashment. The High Court directed the District Education Officer to process the payment within six weeks, relying on the Mariyam Tirkey judgment regarding the entitlement of such leave benefits.

What did the court decide?

Direction to the District Education Officer to take necessary steps within six weeks for payment of leave encashment to the petitioners.

Anwari Begam And Ors. Vs Education — Pension and Retirement Benefits | Jharkhand HC (2017)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(S) No.4138 of 2017

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Anwari Begam, wife of Abdul Farah, residing at Holding No.21, Road No.8, Jawahar Nagar, PO-Anadnagar, PS-Mango, Town-Jamshedpur, District-East Singhbhum

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Md. Anwar, son of Late Md. Hanif, residing at Ak 5, A.K. Appartment, Razzaque Colony, Dhakidih, Po & PS-Bistupur, Town-Jamshedpur, District-East Singhbhum

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Sabiha Nazneen, wife of Late S.I. Ali, residing at Holding No.1, Road No.15, East Zakirnagar, PO & PS-Azadnagar, District-East Singhbhum .... Petitioner

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-Versus-

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The State of Jharkhand through the Secretary/Principal Secretary, School Education and Literacy Department, Government of Jharkhand, having office at MDI Building, PO & PS-Dhurwa, Town and District-Ranchi

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The Director, Secondary Education, School Education and Literacy Department, having office at Secondary Education Directorate, MDI Building, Near Project Building, PO & PSDhurwa, Town and District-Ranchi

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The District Education Officer, Singhbhum East, Jamshedpur, having office at PO & PS-Bistupur, DistrictSinghbhum East ….... Respondents

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CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

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For the Petitioner : Mr. Manoj Tandon, Adv. For the Resp.-State : Mr. Amit Kumar, JC to G.P.-II

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02/06.09.2017 Prayer in the writ petition is for payment of leave encashment.

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The petitioners have pleaded that they were appointed in a minority aided school as Assistant Teachers. 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 petitioners 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 Education Officer, Singhbhum East, Jamshedpur to take necessary steps, within six weeks for payment of leave encashment to the petitioners, if there is no other legal disability for payment of the same to the petitioners.

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(Shree Chandrashekhar, J.)

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sudhir

Anwari Begam And Ors. v. Education

Case brief

What is this about?

What did the court decide?

Anwari Begam And Ors. v. Education

Case brief

What is this about?

What did the court decide?

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