Aparesh Kumar Singh, J. - (1.) HEARD counsel for the parties.
(2.) THESE two petitioners have retired as Assistant Teachers from St. Joseph's School, Guhiajori, Dumka, a Government Recognized Aided Minority School, on 31.02.2002 and 28.02.2002 respectively. The only grievance of the petitioners is that their claim for leave encashment amount earned during the period of their service, has been rejected by the impugned order dated 18.02.2009 (Annexure -10) passed by the District Education Officer, Dumka pursuant to the representations made by these petitioners on the basis of the observations and directions passed in their earlier writ petition being WPS No. 1796/2003. According to the learned counsel for the petitioners, grounds of rejection is based upon the Circular issued by the Human Resources Development Department vide Circular No. 237 dated 20.02.1990, as per which, teachers of Government Recognized Aided Primary/Middle/Secondary Schools would be entitled to the facilities which are available to the teaching and non -teaching staff of the Government schools, but there is no provision for grant of earned leave encashment amount to the teachers of Aided Minority School either in the predecessor State of Bihar or successor State of Jharkhand. Reliance has also been placed upon the resolution No. 1970 dated 12.09.2006 issued by the Human Resources Development Department, Government of Jharkhand (Annexure -A to the counter affidavit) of the respondent as well. However, counsel for the petitioners submits that the very issue has now been squarely decided by the judgment rendered by the Learned Division Bench of this Court in the case of Mariyam Tirkey vs. The State of Jharkhand & others and other analogous cases reported in [ : 2014(1) JLJR 465] vide judgment dated 03.01.2014. It is submitted that therefore, the impugned order cannot be sustained in the eye of law and the respondents should be directed to make payment of the admissible leave encashment amount due to them.
(3.) RESPONDENTS have contested the prayer and defended the impugned order, relying upon the resolution of the successor State of Jharkhand dated 12.09.2006, as per which, teachers of Aided Minority Schools could not be entitled to the benefits of earned leave encashment amount, though they would be entitled to pension, gratuity and provident fund amount, as per resolution of the State of Bihar bearing Memo No. 777 dated 31.03.1981 and Circular No. 1775 date 30.08.1980. Therefore, the claim of the petitioners have been rejected by the respondent District Education Officer, Dumka.;