Petitioners sought leave encashment. Court cited Mariyam Tirkey case. Ordered District Education Officer to pay encashment within six weeks if no legal disability exists. Writ petition disposed.
District Education Officer to pay leave encashment within six weeks if no legal disability.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4176 of 2017
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioners : Mr. Binod Kumar, Advocate For the Respondents : Mr. Atanu Banerjee, G.A.
02/05.09.2017 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 petitioners submits that the petitioners who were appointed in a minority aided school are entitled for leave encashment.
This preposition 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 Education Officer, Gumla 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.
The writ petition stands disposed of.
(Shree Chandrashekhar, J.)
Tanuj/-
3 issues framed by the court
Whether petitioners appointed in a minority aided school are entitled to leave encashment.
Whether leave encashment is payable to teachers appointed under sanctioned strength.
Whether the District Education Officer should be directed to process leave encashment claims within six weeks.
Colour shows how this judgement treated each authority
Mariyam Tirkey vs. State of JharkhandReferred¶11
2014 (1) JBCJ 465(HC)
Father Mathias Toppo
Sister Angela Toppo
The State of Jharkhand
The Director, Secondary Education
The District Education Officer, Gumla
Shree Chandrashekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
