- (1.) The Petitioners seek declaration that clause 9 of the resolution issued by the Government of Bihar as contained in Letter No. 68 dated 29.6.83 is unconstitutional as the same is in violation of Article 14 and 300A of the Constitution of India and the Petitioners also seek for a direction to the Respondents to release the leave encashment amount of the Petitioners along with the statutory and penal rate of interest and to quash the impugned orders.
(2.) Whether the teachers employed in Non-Government Aided/ Minority Schools can avail the benefit of leave encashment or not is the question falling for consideration in these writ petitions.
(3.) In C.W.J.C. No. 2162 of 1999(R) (Smt. Alice Purty v. The State of Bihar and others) vide order dated 20.08.2002, the benefit of leave encashment was granted to the Petitioner therein who was a teacher working in Non-Government Aided Minority Middle School. In the said judgment (Annexure-4 to W.P.(S) No. 512 of 2013), the learned Single Judge held as under :- "One more question was raised that whether unutilized leave encashment facility can be allowed or not to such petitioner or such teacher also. Learned counsel for the respondent argued that a regulation was made in this regard which is Annexure-7 of the petitioner's reply to the Counter affidavit which is a resolution of the Government of Bihar dated 20.02.1990 in paragraph 2 it categorically provides for extending all the additional benefits which are admissible to Government School teachers. Same issue was also raised earlier by another petitioner which ultimately led to an M.J.C. No. 243 of 1995 (Annexure-10)";