JAMES JATADHAR LUGUN Vs. STATE OF JHARKHAND THROUGH THE SECRETARY (SECONDARY EDUCATION), HUMAN RESOURCES DEVELOPMENT DEPARTMENT
LAWS(JHAR)-2013-10-47
HIGH COURT OF JHARKHAND
Decided on October 24,2013

James Jatadhar Lugun Appellant
VERSUS
State Of Jharkhand Through The Secretary (Secondary Education), Human Resources Development Department Respondents

JUDGEMENT

- (1.) The petitioner has approached this Court seeking a direction upon the respondents for payment of leave encashment. Heard learned counsel appearing for the parties and perused the documents on record.
(2.) The petitioner superannuated from service with effect from 1.12.2011. He was appointed as an Assistant Teacher on 16.8.1975 in a Minority Aided School. Since the claim of the petitioner was not granted, the petitioner has approached this Court by filing the present writ petition.
(3.) A counter-affidavit has been filed stating as under, 9. That in reply to the statement made in Para 8 of the writ application, it is stated and submitted that the Assistant Teachers working in Minority Schools were paid salary, pension, gratuity, etc. at par with the Assistant Teachers working in Government Schools, but they are not entitled to leave encashment benefit as per orders contained in para 09 of letter No. 23/vi 1-42 Shi. 68 dated 6.6.1983/29.6.1983.;


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