Jharkhand High Court
Salan Surin vs The State Of Jharkhand Through The ... on 26 August, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 4029 of 2020
Salan Surin, aged about 71 years old, son of Late Maskalyan Surin,
resident of Village-Chodorda, Post Office-Bano and Police
Station-Bano, District Simdega, Jharkhand, Retired on 31/07/2009
working as Assistant Teacher, in G.E.L. Middle School, Ella,
Bano, Simdega ... ... Petitioner
Versus
1. The State of Jharkhand through the Secretary (Secondary
Education), Education and Literacy Department, Government of
Jharkhand, M D I Building, Dhurwa, Post Office and Police
Station - Dhurwa, District - Ranchi.
2. The Director, (Secondary Education), Education and Literacy
Department, Government of Jharkhand, M D I Building, Dhurwa,
Post Office and Police Station - Dhurwa, District - Ranchi.
3. The District Superintendent of Education, Simdega, Post Office-
Simdega, Police Station-Simdega and District - Simdega.
4. The Headmaster, G.E.L. Middle School, Ella, Bano, Post office-
Bano, Police Station Bano and District Simdega
5. The Secretary, Managing Committee, G.E.L. Middle School Ella,
Bano, Post office-Bano, Police Station Bano and District Simdega
... ... Respondents
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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06/26.08.2022
1. Heard Mr. Arshad Hussain, learned counsel appearing on behalf
of the petitioner.
2. Heard Ms. Sunita Kumari, learned counsel appearing on behalf
of the respondents.
3. This writ petition has been filed for the following reliefs: -
"for issuance of appropriate writ(s)/order(s)/direction(s)
commanding upon the Respondents to pay forthwith and
immediately the Leave Encashment amount of the
Petitioner who has superannuated w.e.f. 31/07/2009 from
the post of Assistant Teacher working in G.E.L. Middle
School, Ella, Bano, Simdega.
AND/OR
To issue any other order/orders and/or direction/directions
as Your Lordships may deem fit and proper in the facts and
circumstances of the case for doing conscionable justice to
the Petitioners."
4. Learned counsel for the petitioner has submitted that the
petitioner was appointed as Assistant Teacher in G.E.L. Middle
School, Ella, Bano, District Simdega by the Managing Committee of
the said school vide letter No. 20/82 dated 19.07.1982 issued by the
Secretary, Managing Committee of the said school on the vacant and
sanctioned post and he joined the school on 01.08.1982. The
appointment of the petitioner was also approved by the District
Superintendent of Education, Gumla (now Simdega) vide Memo No.
969/Gumla dated 29.02.1988 and the concerned school is a recognized
government aided minority school as per the declaration vide letter
No. 2361 dated 26.05.1978 w.e.f. 31.03.1978 issued by the unified
Bihar. The petitioner had retired on 31.07.2009 and after retirement all
the pensionary benefits have been paid to the petitioner except the
amount of leave encashment. The learned counsel submits that the
issue regarding leave encashment has been settled by this Court vide
judgment dated 03.01.2014 passed in W.P. (S) No. 506/2013
(Mariyam Tirkey vs. State of Jharkhand & Others) wherein
ultimately a direction was issued to the respondents to pay leave
encashment amount as per the entitlement of the petitioners within a
period of three months from the date of production of a copy of the
order.
5. The learned counsel submits that the petitioner had filed a
representation before the District Superintendent of Education,
Simdega on 11.02.2020, but no order was passed and the grievance of
the petitioner was not redressed and therefore, the present writ petition
has been filed.
6. The learned counsel submits that on the last occasion, when the
case was taken up on 05.08.2022, it was submitted by the learned
counsel for the respondents that the matter regarding payment of leave
encashment was placed in the cabinet meeting of the government held
on 29.01.2019, wherein it was decided to grant/sanction leave
encashment to those government aided and government monitory
school teachers who have retired from service on or after 03.01.2014
i.e., on the date on which the judgment was passed in the case of
Mariyam Tirkey and accordingly, the resolution to that effect was
issued vide memo No. 379 dated 05.03.2019. On the last date, the
learned counsel for the petitioner had submitted that the said clause of
resolution dated 05.03.2019 has been subsequently withdrawn by the
State Government.
7. The learned counsel submits that the petitioner has filed a
rejoinder to the counter-affidavit bringing on record the amended
provision of clause 6 (ii) of the aforesaid resolution dated 05.03.2019,
wherein the cut-off date has now been fixed as the date of formation
of the State of Jharkhand. The learned counsel submits that in view of
the aforesaid resolution which amends the resolution contained in
Memo No. 379 dated 05.03.2019, the petitioner is entitled for leave
encashment as per law.
8. Learned counsel for the respondents, on the other hand, does
not dispute the fact that the aforesaid resolution dated 05.03.2019 has
been subsequently amended vide resolution contained in Memo No.
831 dated 28.10.2021 as annexed with the rejoinder dated 16.08.2022.
9. After hearing the learned counsel for the parties and in view of
the aforesaid facts and circumstances, this writ petition is disposed of
by enabling the petitioner to file a detailed representation before the
respondent No. 3 along with a copy of this order as well as the writ
records and any other materials, which the petitioner seeks to rely
upon, within a period of one month from today.
10. Upon filing of such representation, the District Superintendent
of Education, Simdega (Respondent No. 3) is directed to look into the
aforesaid grievance of the petitioner and pass a reasoned order in
accordance with law within a period of one month from the date of
receipt of the representation. The reasoned order should also be
communicated to the petitioner at the address which may be provided
by the petitioner in the representation itself.
11. If the petitioner is found entitled to any amount as per law
taking into consideration the judgment passed by this Court in the case
of Mariyam Tirkey vs. State of Jharkhand & Others( supra) read
with aforesaid resolution contained in Memo No. 379 dated
05.03.2019 as well as resolution contained in memo No. 831 dated
28.10.2021, the same be also remitted to the petitioner within a period
of two months from the date of passing of the reasoned order along
with interest @ 6% from 11.02.2020 i.e., the date of representation
filed earlier before the respondent No. 3.
12. Accordingly, the present writ petition is disposed of with the
aforesaid observations and directions.
13. Pending interlocutory application, if any, is closed.
(Anubha Rawat Choudhary, J.)
Mukul
