PRAMATH PATNAIK,J. - (1.) The husband of the petitioner no.1 and the wife of petitioner no.2, who were working as Teachers in the services of respondent-R.C. Middle School, Tainser, Simdega and Ursuline Girls Middle School, Samtoli, Simdega, died on 31.08.2013 and 17.03.2013. It is the contention of the petitioners that the school in question is a Non-Government aided Minority School and all expenses towards payment of salary and retirement benefits of the school employees have been funded by the State Government from public exchequer. They were also getting pension on the basis of the Pension Payment Order issued by the office of the Accountant General.
(2.) In the present writ application, the grievance of the petitioners is in relation to non-payment of leave encashment amount on the earned leave outstanding against their husband/wife. The petitioners have also stated that other post retiral dues have already been paid to them and that salary and post retirement benefit have been paid out of grant-in-aid provided by the State Government.
(3.) Learned counsel for the petitioners submits that though the claim of the petitioners was resisted earlier by the respondent-State Government, but the issue has now been settled in view of the judgment rendered by the learned Division Bench of this Court in the case of 'Mariyam Tirkey v. The State of Jharkhand and others' in W.P.(S) No. 506 of 2013 and analogous cases dated 3rd January, 2014 which has also been reported in 2014 (1) JBCJ 465, 466 and now upheld up to the Hon'ble Supreme Court vide judgment dated 15.12.2014 passed in Special Leave to Appeal (C) No(s) 20606-20607/2014. According to the petitioners, the writ petition may be disposed of in view of the judgment rendered as aforesaid by the learned Division Bench and affirmed up to the Hon'ble Supreme Court, by directing the respondents to pay the earned leave encashment amount to the petitioners.;