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Sri Bashistha Tiwari v. The State Of Bihar and Ors.

Patna HC24 May 2017CWJC/16124/2015

Case brief

AI extract

What is this about?

Petitioner, an Assistant Teacher in a minority aided school, approached the High Court seeking leave encashment after superannuation was granted other benefits. The Court disposed of the matter relying on a prior judgment ordering payment of encashment.

What did the court decide?

Direction to respondents to pay leave encashment amount as per entitlement within two months from date of production of order.

Sri Bashistha Tiwari Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.16124 of 2015

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Sri Bashistha Tiwari, son of Late Thakur Tiwari, resident of Village- Som Garh, Police Station- Sathi, District- West Champaran at Bettiah.

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.... .... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Principal Secretary, Department of Education, Government of Bihar, Patna.

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The Director, Primary Education, Government of Bihar, Patna.

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The District Education Officer, West Champaran at Bettiah.

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The District Programme Officer (Establishment), West Champaran at Bettiah.

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The Headmaster, Aided Janta Middle School, Murli Anchal- Narkatiyaganj, West Champaran at Bettiah.

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s :

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For the Respondent/s :

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date: 24-05-2017

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Heard learned counsel for the petitioner and State.

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The petitioner had moved the Court for a direction to the respondents to pay the amount of leave encashment due to him.

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The petitioner superannuated as Assistant Teacher from

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Aided Janta Middle School in the district of West Champaran at Bettiah which was a minority aided school. Upon superannuation, though he was granted his other retiral benefits but he was not given the benefit of leave encashment forcing him to approach this Court.

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Learned counsel for the petitioner submitted that the

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Patna High Court CWJC No.16124 of 2015 dt.24-05-2017

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2/2

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issue stands concluded by a decision of this Court dated 03.08.2015 passed in C.W.J.C. No. 23 of 2015 in the case of Charley Lazarus v. The State of Bihar & Ors. which has been affirmed on 16.03.2017 in

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L.P.A. No. 1856 of 2016.

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Learned counsel for the State does not dispute the

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position.

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Having considered the matter, the writ petition stands disposed off in terms of order dated 03.08.2015 passed in C.W.J.C. No. 23 of 2015.

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The respondents are directed to pay the leave encashment amount as per the entitlement of the petitioner within a period of two months from the date of production of a copy of this order before the respondent no. 4.

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(Ahsanuddin Amanullah, J)

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Anjani/-

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AFR/NAFR U

Sri Bashistha Tiwari v. The State Of Bihar and Ors.

Case brief

What is this about?

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Sri Bashistha Tiwari v. The State Of Bihar and Ors.

Case brief

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