Petitioner, a retired headmaster, sought leave encashment benefits. The Court applied a prior judgment and directed respondents to pay the dues within three months.
Respondents directed to pay leave encashment dues within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.22753 of 2018
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Mrinal Kanti Nandi son of late Girindra Mohan Nandi, resident of MohallaKathalwari, P.S. L.N. Mithila University Campus, District-Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Durga Nand Jha, Adv. For the State : Mr. Sanjay Kumar A.C. to Gp23 ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 13-12-2018
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner retired from the post of Headmaster in Pitambari Bengali Middle School, Lalbagh Darbhanga on 31.08.2006.
Learned counsel for the petitioner submits that all other retiral benefits have been paid except Leave Encashment which the petitioner is entitled in view of the decision in the case of Md. Rustam Ali vs. The State of Bihar & Ors. in C.W.J.C. No. 11015 of 2016 as contained in Annexure-6 dated 23.12.2016 wherein the teachers of the Government Aided
Patna High Court CWJC No.22753 of 2018(2) dt.13-12-2018 2/2
Minority Schools are entitled to leave encashment. He submits that the petitioner is entitled to 287 days of leave encashment as calculated according to his service tenure.
Considering the facts as aforesaid, this writ application is disposed of in terms of the order passed in C.W.J.C. No. 11015 of 2016. Respondents are directed to pay the dues of leave encashment of the petitioner as per his entitlement within a period of three months from the date of receipt/production of a copy of this order.
(Nilu Agrawal, J)
devendra/-
U
1 issue framed by the court
Whether the petitioner, a retired headmaster, is entitled to leave encashment dues.
Colour shows how this judgement treated each authority
Md. Rustam Ali vs. The State of Bihar & Ors.Applied¶17
Md. Rustam Ali vs. The State of Bihar & Ors. in C.W.J.C. No. 11015 of 2016
Mrinal Kanti Nandi
The State Of Bihar
The Principal Secretary, Department of Education, Government of Bihar
The Director, Primary Education, Government of Bihar
The District Programme Officer (Establishment), Darbhanga District
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
