Disposed

Fredrick Michael v. The State Of Bihar and Ors.

Patna HC8 May 2019CWJC/9760/2017

Case brief

AI extract

What is this about?

Petitioner, an Assistant Teacher superannuated in January 2017, sought leave encashment. The Court found a resolution dated 25.09.2018 directed payment to minority school teachers and directed the District Education Officer to ensure payment within four months.

What did the court decide?

Direction to the District Education Officer, Bhojpur to ensure payment of leave encashment amount to the petitioner within four months.

Fredrick Michael Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9760 of 2017

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Fredrick Michael S/o Late Michael Raphael, resident of Bankey Behari Roy Near V. K. Singh University, Jay Prakash Nagar, Ara, P.S.- Nawada, DistrictBhojpur.

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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, Secondary Education, Government of Bihar, Patna.

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The District Education Officer, Bhojpur at Ara.

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The Headmaster, Catholic High School, Ara.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate For the Respondent/s : Mr.Madanjeet Kumar- Gp20 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT Date : 08-05-2019

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Heard learned counsel for the petitioner and learned counsel for the respondent State of Bihar.

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As per the case of the petitioner he was appointed as Assistant Teacher in Catholic High School, Ara in the year 1994 and superannuated on 31.01.2017. The grievance of the petitioner is that in spite of his superannuation in January, 2017, he has still not received amount due under the head of leave encashment.

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A counter affidavit has been filed on behalf of the

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Patna High Court CWJC No.9760 of 2017 dt.08-05-2019 2/3

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respondent nos. 2 and 3 wherein it has been stated that the Education Department, Government of Bihar has already taken a decision to provide benefit of leave encashment to the Teachers of minority school vide resolution contained in memo no. 1232 dated 25.09.2018. A copy of the said resolution has been brought as Annexure A to the counter affidavit.

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It is submitted by the learned counsel appearing for the State of Bihar that the decision to provide benefit of leave encashment has already been taken and the said amount shall be paid within a reasonable period and as such nothing remains in the writ application to decide.

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Having heard the learned counsel for the parties and having gone through the records, I find that the Education Department, Government of Bihar has already taken a decision to provide the benefit of leave encashment to the Teachers of minority school. As such this writ application is disposed of with a direction to the District Education Officer, Bhojpur at Ara (respondent no. 4) to ensure payment of the amount due under the head of leave encashment to the petitioner within a period of four months from the date of receipt/production of a copy of this order.

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Writ application stands disposed of with the aforesaid

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Patna High Court CWJC No.9760 of 2017 dt.08-05-2019 3/3

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observations and directions.

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(Partha Sarthy, J)

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Prakash/-

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Fredrick Michael v. The State Of Bihar and Ors.

Case brief

What is this about?

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Fredrick Michael v. The State Of Bihar and Ors.

Case brief

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