Bro Calep Topno vs State Of Jharkhand
2021 Latest Caselaw 2076 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                W.P. (S) No. 2144 of 2021
        Bro Calep Topno.....................               Petitioner(s)
                                    Versus
        1. State of Jharkhand
        2. The Director, Secondary Education, School & Literacy Dept., Ranchi
        3. The District Education Officer, Gumla
        4. The Secretary/Headmaster, St. Joseph High School,
           Konbir, Gumla............                             Respondent(s)
                                    ......

Coram: Hon'ble Mr. Justice Ananda Sen Through:-Video Conferencing ......

For the Petitioner : Mr. Deepak Kr. Prasad, Advocate For the Respondents : Mr. Indranil Bhaduri, Advocate ......

2/28.06.2021 The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.

Heard learned counsel for the petitioner and learned counsel for the respondents.

In this writ petition, the petitioner claims for monetary benefit arising out of leave encashment.

Counsel appearing for the petitioner submits that the case of the petitioner is governed by the judgment passed by a Division Bench of this Court in the case of "Mariyam Tirkey- versus- the State of Jharkhand & Others in W.P. (S) No. 506 of 2013 and analogous cases, reported in 2014 (1) JBCJ 465" and which has been upheld by the Hon'ble Supreme Court vide judgment dated 15th December, 2014, passed in "Special Leave to Appeal (C) No(s) 20606-20607 of 2014". He submits that the petitioner is entitled to receive the monetary benefit in terms of the aforesaid judgment.

Mr. Indranil Bhaduri, learned counsel for the respondents submits that if the petitioner is entitled for the monetary benefit and his case is governed by the judgment of "Mariyam Tirkey" (supra), the monetary benefits will be disbursed to the petitioner at the earliest.

Considering the submission of the parties, I direct the Director, Secondary Education, Department of School, Education and Literacy, Government of Jharkhand, Ranchi (Respondent No. 2) to consider the case of the petitioner and if it is found that the petitioner's case is governed by the judgment rendered in the case of "Mariyam Tirkey" (Supra), the monetary benefit should be disbursed to the petitioner.

It is made clear that the entire process including the payment, if any, should be completed within eight weeks from the date of

receipt/production of a copy of this order by Respondent No. 2.

With the aforesaid observation and direction, this writ petition stands disposed of.

(Ananda Sen, J) Mukund/-cp. 2