The High Court · 2024
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No. 3452 of 2023 1. Ashok Kumar Mishra, aged about 61 years, Son of Harinandan Mishra, Resident of Bishunpur, P.O. & P.S. Begusarai, District Begusarai, Bihar 2. Prameshwar Prasad, aged about 61 years, son of Late Rishal Mahto, Resident of Sakhaibad, Nawadih P.Ο.- Dumma, P.S.- Jamua, District- Giridih, Jharkhand. 3. Chhatradhari Singh, aged about 61 years, son of Khubhi Singh, Resident of Village- Chakmanjo, Kharagdiha P.O. & P.S.- Jamua, District- Giridih, Jharkhand. 4. Md Halim Kha, aged about 61 years, Son of Md Hmid Kha, Resident of Bishanpur, P.O. & P.S.- Pachamba, District- Giridih, Jharkhand. 5. Moin Uddin Ansari, aged about 63 years, son of Late Idrish Miyan, resident of Kamarshali, P.O. & P.S.- Chaitayadih, District- Giridih, Jharkhand. 6. Shmim Akhtar, aged about 54 years, son of Sher Ali, resident of Bhandaridih, P.O.- Chaitadih, P.S.- Giridih Mu, District- Giridih, Jharkhand. Petitioners … … Versus 1. The State of Jharkhand 2. The Principal Secretary, Department of School Education and Literacy, Govt. of Jharkhand, Project Building. P.Ο. & P.S. - Dhurwa, District- Ranchi. 3. The Director, Secondary Education, Department of School Education and Literacy, Govt. of Jharkhand, Project Building. P.O. & P.S. - Dhurwa, District- Ranchi. 4. The Director, Primary Education, Department of School Education and Literacy, Govt. of Jharkhand, Project Building. P.O. & P.S. - Dhurwa, District- Ranchi. 5. The District Education Officer, Giridih, At, P.O. and P.S.- Giridih, Dist.- … … Respondents Giridih, Jharkhand. CORAM: HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY --- For the Petitioners For the Respondents 06/5th March 2024 --- ---
Legal Reasoning
: Mr. Harsh Chandra, Advocate : Mr. Sharabhil Ahmed, Advocate 1. 2. The learned counsel for the parties are present. This writ petition has been filed for the following reliefs: - “(i) For a direction upon the respondents to make payment of entire leave encashment of the petitioners including the leave earned till 15.05.2001 as the same has been paid to other similarly situated person and further because it is a settled law that earned leave is in nature of salary which cannot be withheld in any condition. 2 (ii) For further direction upon the respondents to pay appropriate interest on delayed payment of leave encashment of petitioners as due to pick and choose method adopted by the respondents, petitioners have been deprived from their bonafide and legitimate claim. May issue any other appropriate writ(s)/order(s)/direction(s) on the facts and circumstances of this case.” And/Or 3. The petitioners claim that they were appointed on the following post under Adult Education Scheme: - Name Ashok Mishra Parmeshwar Prasad Chhatradhari Singh Md. Halim Kha Moin Uddin Ansari Samim Akhtar Post Clerk Peon Clerk Peon Peon Peon 4. The learned counsel for the petitioners has submitted that subsequently Adult Education Scheme was closed by the Government with effect from 16.05.2001 but the services of the petitioners and other similarly situated employees were not terminated and after much litigation the State of Jharkhand resolved the problem vide Memo No. 824 dated 30.05.2007 that the services of the petitioners and other employees will be absorbed in different departments and posts held by such persons will be absorbed. 5. In the light of the said policy decision, the petitioners claim that they were absorbed in +2 High Schools, the details of which have been mentioned
Decision
in paragraph 6 of the writ petition. 6. The learned counsel further submits that the petitioners attained the age of superannuation on various dates as given in paragraph 8 of the writ petition. 7. The learned counsel has referred to paragraph 10 to 15 of the writ petition to submit that by different memos the petitioners were given only part payment of their total entitlement of leave encashment. Paragraph Nos. 10 to 15 of the writ petition are quoted as under: - “10. That it is stated that leave encashment of petitioner no.- 1 had been sanction vide memo no.- 1727 dated 13.07.2022 wherein out of total 300 days, for 156 days full leave encashment was given but for the period when the petitioner was in service of Adult Education i.e., 144 days half of the leave encashment has been withheld. 11. That it is stated that leave encashment of petitioner no.- 2 had been sanction vide memo no.- 817 dated 15.03.2022 wherein out of total 300 days, for 150 days full leave encashment was given but for the period 3 when the petitioner was in service of Adult Education i.e., 150 days half of the leave encashment has been withheld. 12. That it is stated that leave encashment of petitioner no.- 3 had been sanction vide memo no.- 1069 dated 09.04.2022 wherein out of total 300 days, for 148 days full leave encashment was given but for the period when the petitioner was in service of Adult Education i.e. 112 days half of the leave encashment has been withheld. 13. That it is stated that leave encashment of petitioner no.- 4 had been sanction vide memo no.- 2195 dated 03.08.2022 wherein out of total 300 days, for 160 days full leave encashment was given but for the period when the petitioner was in service of Adult Education i.e., 140 days half of the leave encashment has been withheld. 14. That it is stated that leave encashment of petitioner no.-5 had been sanction vide memo no.- 1309 dated 08.04.2021 wherein out of total 300 days, for 136 days full leave encashment was given but for the period when the petitioner was in service of Adult Education i.e., 126 days half of the leave encashment has been withheld. 15. That it is stated that leave encashment of petitioner no.-6 had been sanction vide memo no.- 800 dated 15.04.2023 wherein out of total 300 days, for 169 days full leave encashment was given but for the period when the petitioner was in service of Adult Education i.e., 131 days half of the leave encashment has been withheld.” 8. It is the case of the petitioners in paragraph 16 that as per the sanction order, leave encashment has been granted by only considering their duties from 30.05.2007 i.e. after their absorption in new service. 9. The learned counsel submits that other similarly situated persons have been given the benefit of past service and the respondents have now come up with a circular dated 10.01.2023 issued by the Director, Primary Education, Jharkhand, Ranchi and as per the said circular, the petitioners would be entitled for leave encashment for a period of 300 days irrespective of their date of absorption on 30.05.2007. 10. The learned counsel for the respondents, on the other hand, has submitted that though no counter-affidavit as such has been filed in the present case, but the claim of the petitioners can be considered by the respondent No. 4 in the light of applicable Circulars/Orders/decisions. 11. After hearing the learned counsel for the parties and going through the aforesaid submissions based on the materials available on record, this Court finds that the petitioners now claim that a decision has been taken by the Director, Primary Education to grant the benefit as claimed by the petitioners. 12. In such circumstances, this writ petition is disposed of enabling the petitioners to approach the respondent No. 4 who shall consider the grievance of the petitioners with regard to their claim of differential leave encashment in the light of the applicable Circulars/Orders/decisions of the State Government and also any other material which may be relied upon by the petitioners. 4 13. The petitioners shall file a detailed representation along with a copy of the writ records and a copy of this order before the respondent No. 4 within a period of 15 days from today. 14. Upon filing of such representation, the respondent No. 4 shall pass a reasoned order after granting an opportunity of hearing to the petitioners or their authorized representative within a period three months from the date of filing of the representation. The reasoned order be also communicated to the petitioners through speed-post. 15. If the petitioners are found entitled to any monetary benefit arising out of such reasoned order, appropriate steps be taken, so that the monetary benefit is also credited to the petitioners within a period of three months from the date passing of the reasoned order. 16. It is made clear that this Court has not entered into the entitlement of the petitioners and it will be for the respondent No. 4 to pass appropriate order in accordance with law. 17. This writ petition is accordingly disposed of with the aforesaid observations and directions. 18. Pending I.A., if any, is closed. Mukul (Anubha Rawat Choudhary, J.)