MARIYAM TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(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 :-