Pat HC | Retired clerk of a minority school entitled to payment of leave encashment as per his entitlement

Patna High Court: The Bench of Nilu Agrawal, J. allowed a civil writ petition directing payment of leave encashment to a clerk of a minority school.

Petitioner herein, who retired from a minority school from the post of clerk, filed the instant writ application praying for payment of unutilised earned leave/ leave encashment.

The Court placed reliance on the judgment in Charley Lazarus v. State of Bihar, 2015 SCC OnLine Pat 5268, where payment of leave encashment was allowed to teaching as well as non-teaching staff as per entitlement of the employee. The said order was affirmed by the Division Bench of this Court vide order dated 16-03-2017 in LPA No. 1856 of 2016.

At this point, learned counsel appearing for the State Mr Sanjay Kumar submitted that a Special Leave Petition was pending against the judgment of Division Bench in LPA No. 1856 of 2016.

The Court noted that the aforesaid SLP had been filed in March, 2018 but it neither had it been numbered as yet, nor the special leave to appeal had yet been granted. In view thereof, considering the nature of the claim made by the petitioner, the writ application was allowed in terms of the order passed in Charley Lazarus v. State of Bihar, 2015 SCC OnLine Pat 5268, affirmed by Division Bench in LPA No. 1856 of 2016. Thus, the District Education Officer was directed to pay the petitioner as per his entitlement within a period of four months from the date of receipt/production of a copy of this order.[Md. Mohsin v. State of Bihar, 2019 SCC OnLine Pat 377, Order dated 08-03-2019]

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