Smt. Marry Anna Shanta Minz vs The State Of Jharkhand & Others
2021 Latest Caselaw 1916 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              W.P.(S) No. 463 of 2020
                                         WITH
                                I.A. No. 3041 of 2020
     Smt. Marry Anna Shanta Minz          ...           Petitioner
                                       -versus-
     The State of Jharkhand & Others      ...           Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN THROUGH VIDEO CONFERENCING

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For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Respondents : Ms. Vandana Singh, Sr. S.C. III

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8/ 16.06.2021 I.A. No.3041 of 2020 By this interlocutory application, petitioner has made a prayer to amend the prayer portion of the writ petition and also prayed to challenge the resolution No.379 dated 05.03.2019.

Counsel appearing for the petitioner submits that by virtue of aforesaid resolution, prayer of the petitioner in relation to payment of leave encashment has been turned down, which is in violation of the order passed by this Court in the case of Mariyam Tirkey versus State of Jharkhand & Others reported in 2014 (1) JBCJ 465, upheld up to the Supreme Court of India vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No.(s) 20606-20607 of 2014. Petitioner claims that her entire case now rests upon the validity of the resolution No.379 dated 05.03.2019, thus, the same needs to be challenged and incorporated in this writ petition.

State has got no objection if the amendment, as sought for, is allowed.

Considering the aforesaid submission of the parties and the nature of amendment sought for by the petitioner, which will have direct bearing on the outcome of this writ petition, I am inclined to allow this interlocutory application. Amendment sought for by the petitioner is allowed. Petitioner is directed to file amended writ petition.

I.A. No. 3041 of 2020 is, accordingly, allowed. W.P.(S) No.463 of 2020 State is at liberty to file additional counter affidavit if they wish to do so.

List this case after four weeks under the appropriate heading.

(Ananda Sen, J.) Kumar/Cp-02