Jharkhand High Court
Gerda vs The State Of Jharkhand Through The ... on 7 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 4027 of 2020
Jagjiwan Ram Munda, aged about 71 years old, son of late Budhwa
Munda, resident of Village - Chandsai, Post Office - Gerda and
Police Station - Bano, District - Simdega, Jharkhand. Retired on
31/08/2009 working as Assistant Teacher, in R.C. Primary School,
Gerda, 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, R.C. Primary School, Gerda, Post Office -
Gerda, Police Station - Bano and District - Simdega
5. The Secretary, Managing Committee, R.C. Primary School, Gerda,
Post Office - Gerda, Police Station - Bano and District - Simdega.
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Arshad Hussain, Advocate
For the Respondents : Mr. Sanjay Kumar Sah, Advocate
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05/07.07.2022 Heard Mr. Arshad Hussain, learned counsel appearing on behalf
of the petitioner.
2. Heard Mr. Sanjay Kumar Sah, learned counsel appearing on
behalf of the respondents.
3. This writ petition has been filed for the following relief:
"For a direction upon the respondents to pay forthwith and
immediately the leave encashment amount of the petitioner who has
superannuated w.e.f. 31/08/2009 from the post of Assistant Teacher
working in R.C. Primary School, Gerda, Bano, Simdega."
4. Learned counsel for the petitioner submits that the petitioner
was appointed as Assistant Teacher on vacant sanctioned post and
joined the school on 17.08.1981which is a government recognized
aided minority school and retired with effect from 31.08.2009 from
the post of assistant teacher working in R.C. Primary School, Gerda,
Bano, Simdega. Learned counsel further submits that the petitioner
has received all the retirement benefits except the amount of leave
encashment in lieu of un-utilized leave.
5. Learned counsel submits that the issue has been settled by this
Court vide judgment dated 03.01.2014 passed in W.P.(S). No.506 of
2013 (Mariyam Tirkey Vs. State of Jharkhand and Ors.) wherein,
ultimately a direction was issued to the respondents to pay leave
encashment amount as per the entitlement of the petitioners of the said
case within a period of three months from the date of production of a
copy of the order. Learned counsel submits that the petitioner had
filed a representation before the District Superintendent of Education,
Simdega on 26.02.2020, but no order was passed and the grievance of
the petitioner was not redressed and therefore the present writ petition
has been filed.
6. Learned counsel for the respondents, on the other hand, submits
that the matter can be looked into by the District Superintendent of
Education, Simdega (Respondent No.3) who may need to verify the
service records of the petitioner. He submits that if the petitioner files
a representation before respondent no.3, appropriate order can be
passed and admissible amount can be released in favour of the
petitioner.
7. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case, this Court finds
that the only grievance of the petitioner in the present case is
regarding payment of leave encashment amount in lieu of unutilized
leave and the petitioner is said to have superannuated from service as
back as on 31.08.2009.
8. The petitioner claims that his case is fully covered by the
judgment passed by this Court in the case of Mariyam Tirkey (Supra).
No counter affidavit as such has been filed in the present case and the
service records of the petitioner are also required to be verified prior
to remitting any amount in favour of the petitioner pursuant to his
claim.
9. Accordingly, 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 and the writ records and any other
material which the petitioner seeks to rely upon within a period of one
month from today. Upon filing of such detailed representation,
respondent no.3 is directed to look into the 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 be communicated to the petitioner at the address which
may be provided in the representation itself. If the petitioner is found
entitled to any amount in terms of the judgment passed by this Court
in the case of Mariyam Tirkey (supra), 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 26.02.2020, the
date of representation filed before the respondent no.3.
10. This writ petition is accordingly disposed of.
(Anubha Rawat Choudhary, J.)
Saurav
