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Judgment
Pramath Patnaik, J.—Heard learned counsel for the parties.
Learned counsel for the petitioners submitted that the petitioners are retired teachers of Minority Aided Schools, details of the individual are being shown in the chart given below:
Sl No
Name of the petitioners
Name of the School
Date of appointment
Date of Retirement
1.
James Soreng
R.C. Primary School, Kulukera, Gumla
01.01.1981
30.04.2012
2.
Emilliyana Kullu
R.C. Middle School, Parhi, Gumla
08.02.1982
31.03.2012
3.
Ruben Tirkey
R.C. Primary School, Redwa, Gumla
01.05.1980
29.02.2008
4.
Deonecia Kujur
R.C. Primary School, Loyonkel, Gumla
27.03.1985
30.11.2013
5.
Victor Kujur
R.C. Primary School, Kayamba, Gumla
21.08.1980
30.09.2008
6.
Johany Bara
R.C. Boys Middle School, Banabira, Gumla
18.02.1976
29.02.2012
7.
Manohar Topno
S.P.G. Middle School, Ramtolya, Gumla
01.12.1985
31.01.2016
8.
Mary Margret Soreng
R.C. Primary School, Tetra, Gumla
01.07.1978
30.06.2007
9.
Johnson Kindo
Lutheran Middle School, Panisani, Gumla
18.03.1987
30.04.2016
10.
Jyoti Prakash Ekka
G.E.L. Primary School, Petsera, Gumla
01.12.1981
30.09.2006
11.
Nikodim Tigga
R.C. Primary School, Karam Toli, Gumla
30.06.1979
30.06.2010
12.
Felix Khusar
R.C. Middle School, Parsa, Gumla
28.10.1975
31.04.2010
13.
Domenic Ekka
R.C. Middle School, Hisri, Gumla
20.01.1982
31.05.2014
It is the contention of the petitioners that the schools in question are Aided Minority Schools and all expenses towards payment of salary and retirement benefits of the school employees has been funded by the State Government from the public exchequer. The petitioners are also getting pension on the basis of the pension payment order issued by the office of the Accountant General.
In the present writ application, the grievance of the petitioners is in relation to non-payment of leave encashment amount on the earned leave outstanding against them. They have also stated that other post retiral dues have already been paid and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.
Learned counsel for the petitioners submits that though, the claim of the petitioners was resisted earlier by the respondent-State Government, but the issue has now been settled in view of the judgment rendered by the learned Division Bench of this Court in the case of Mariyam Tirkey v. The State of Jharkhand and others in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465 and now upheld up to the Hon''ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon''ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioners.
Learned counsel appearing for the Respondent-State does not dispute that the aforesaid issue relating to admissibility of the earned leave encashment amount to the teachers of Non-Government/Aided Minority School has now been decided by the judgment rendered in the case of Mariyam Tirkey (Supra) and affirmed up to the Hon''ble Supreme Court.
Having heard learned counsel for the parties, in such circumstances, the writ petition is being disposed of by directing the respondent no. 3, District Superintendent of Education, Gumla to take a decision in the matter of grant of leave encashment amount to the petitioners after due scrutiny of their relevant service records and in view of the judgment rendered in the case of Mariyam Tirkey (Supra) within a period of ten weeks from the date of receipt of a copy of this order along with the representation on behalf of the petitioners.
The writ petition is accordingly disposed of.