S.J.MUKHOPADHAYA, J. - (1.) THE petitioner retired from the service on 31st May. 1998 as Head Master of St. Michaels School for Blind, Ranchi, a Government aided school, initially having not paid the retiral. benefits, preferred a writ petition, CWJC No. 1551 of 1999 (R), wherein the District Superintendent of Education (D.S.E.), Ranchi was directed to decide his representation and to pay the admitted dues, vide Courts order dated 4th February, 2000. Subsequently, the total benefits having not paid, a contempt petition, M.J.C. No. 636 of 2000(R) was preferred by the petitioner, wherein this Court vide order dated 5th September, 2001 while did not choose to proceed, directed the State of Jharkhand to release and pay the admitted retirement benefits with statutory interest with liberty to recover the dues from the counter -part i.e. the State of Bihar,
(2.) IN the present case, while the petitioner has given the details of payment already made, taken plea that he has not been paid the total Provident Fund amount nor paid 240 days of leave encashment. The Respondents on their part took plea that the total GPF amount has already been paid and the petitioner is not entitled to get leave encashment having retired as a teacher of a Private School. Reliance has been placed on one or other Circular issued by the State, but the petitioner refuted such stand, by relying on another Circular. In pursuance of Courts order, the D.S.E., Ranchi. Head Mistress and Secretary, St. Michaels School for Blind, Ranchi were present in Court on 29th November, 2002 and made specific statement relying on their affidavits that the total D.A. amount and the amount deducted towards Provident Fund with statutory interest has been paid. So far as the chart, as contained in Annexure -6 is concerned, the Court did not choose to rely on it in absence of any forwarding memo number or date and having doubted the genuinity of the document as it shows petitioners signature as Head Master made on 5th October, 1982 but in the chart, it is mentioned that certain amount received on 18th March. 1985, a later date. In this background, the petitioners prayer for release of further amount towards Provident Fund being disputed question of fact, was rejected by this Courts order dated 29th November, 2002.
(3.) NOW the question arises whether the teachers of Private Schools aided by Government, such as, petitioner are entitled for leaveencashment or not.;