Jharkhand High Court
Anselm Kerketta vs The State Of Jharkhand Through The ... on 9 December, 2021
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 6515 of 2019
Anselm Kerketta ... Petitioner
Vs.
1. The State of Jharkhand through the Secretary (Secondary Education),
Education and Literacy Department, Government of Jharkhand, MDI
Building, Dhurwa, Ranchi
2. The Director, (Secondary Education), Education and Literacy
Department, Government of Jharkhand, MDI Building, Dhurwa, Ranchi
3. The District Superintendent of Education, Simdega
4. The Headmaster, R.C. Middle School, Jitu Toli, Bano, Simdega
5. The Secretary, Managing Committee, R.C. Middle School, Jitu Toli
Bano, Simdega ... Respondents
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CORAM: THE HON'BLE MR. JUSTICE DR. S.N.PATHAK
For the Petitioner : Mr. Arshad Hussain, Advocate
For the Respondent-State : Mr. Ravi Karketta, AC to AAG-IV
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04/ 09.12.2021 The petitioner has approached this Court with a prayer for a
direction upon the respondents to pay the amount of Leave Encashment to him.
The case of the petitioners lies in a narrow compass. The petitioner was
appointed as Asst. Teacher on 26.07.1984 and after completing the satisfactory
services, superannuated from the services on 06.05.2013 from R.C. Middle Schhol,
Jitu Toli, Bano, Simdega. After retirement, though the petitioner received the entire
retiral benefits but the benefits of leave encashment has not been extended to the
petitioner. The petitioner represented before the respondent-authorities on
25.09.2019 for payment of the leave encashment but the respondents have not paid
any heed to the same. Aggrieved by the same, the petitioner has approached this
Court for redressal of his grievances.
Learned counsel appearing for the petitioner submits that though an
Assistant Teacher posted in minority school is also entitled for amount of leave
encashment as per the benefits given to the other teachers working in the Govt.
school. The issue involved in this cases is no more res-integra in view of the
judgment passed in case of Mariam Tirkey & others Vrs. the State of Jharkhand
& others, reported in 2014 (1) JLJR 465, which has been affirmed upto the
Hon'ble Apex Court. In view of the ratio laid down in aforesaid case, the
respondents cannot be permitted to stop/ withhold the benefit of leave encashment
payable to the petitioner. He further submits that a direction may be given upon the
respondents to pay the same with 12 % statutory interest within stipulated time.
Learned counsel appearing on behalf of the respondents very fairly
submits that since no counter-affidavit has been filed, he is not in a position to say
as to why the amount of leave encashment has not been paid to the petitioner till
date. However, he concedes on the point that the issue has already been decided by
this Hon'ble Court, which has been affirmed upto the Hon'ble Apex Court.
Be that as it may, having gone through the rival submission of the
parties, this Court is of the considered view that the case of the petitioner needs
consideration. Admittedly, the petitioner retired from services of minority school,
which is Govt. Aided School and is entitled for pensionary benefits along within
amount of leave encashment. Since the issue is now no more res-integra in view of
the judgment passed in case of Mariam Tirkey & others Vrs. the State of
Jharkhand & others, reported in 2014 (1) JLJR 465, which has been affirmed
upto the Hon'ble Apex Court, this writ petitions stands disposed of with a direction
upon the respondents to extend the benefits of leave encashment to the petitioner,
within a period of six weeks from the date of receipt/ production of a copy of this
order. Additionally, the respondents shall pay statutory interest 6 % statutory
interest from the date of representation till actual payment.
Resultantly, writ petition stands allowed.
(Dr. S.N. Pathak, J.)
punit/-
