Md. Afzal Ansari & Another vs The State Of Jharkhand & Others
2022 Latest Caselaw 3436 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  W.P.(S) No. 1931 of 2021
                                             ----

              Md. Afzal Ansari & Another                ...  Petitioners
                                          -versus-
              The State of Jharkhand & Others           ...  Respondents
                                             ----
                   CORAM : HON'BLE MR. JUSTICE ANANDA SEN
                                                ----
                    For the Petitioners :      Mr. Sanjay Piprawal, Advocate

For the Respondents: Mr. Indranil Bhaduri, S.C. IV

----

6/ 29.08.2022 It is very surprising that even after a Division Bench of this Court passed order in W.P.(S) No.506 of 2013 and other analogous cases on 18.12.2013, several similarly situated teachers of minority recognized schools are being forced to approach this Court, claiming benefit of leave encashment in terms of the aforesaid judgment passed by the Division Bench.

This Court feels that once a Division Bench of this Court in W.P.(S) No.506 of 2013 and other analogous cases has decided the issue and has held that the teachers of minority recognized institutions are entitled to get benefit of leave encashment, such benefits should have been extended to all the teachers, irrespective of the fact whether they had approached this Court or not. Forcing each and every teacher to approach this Court to get an individual order is unwarranted and in fact, is against the litigation policy of the State. When, pursuant to a particular order it has been held that the benefits should be extended, it should be extended to all the teachers who fulfill the criteria.

Three weeks' time is granted to the State to inform this Court as to whether the State intends to give the benefit of aforesaid order to all the teachers or they want each individual teacher to approach this Court to get similar relief as has been granted to other teachers in the case of Mariyam Tirkey versus The State of Jharkhand & Others [W.P.(S) No. 506 of 2013].

List this case after three weeks under the heading "For Orders".

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