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Patna High CourtCWJC/22753/2018disposed

Mrinal Kanti Nandi v. The State Of Bihar And ORS

2018-12-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22753 of 2018 ====================================================== Mrinal Kanti Nandi son of late Girindra Mohan Nandi, resident of MohallaKathalwari, P.S. L.N. Mithila University Campus, District-Darbhanga. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Department of Education Government of Bihar, Patna.

2. The Principal Secretary, Department of Education Government of Bihar, Patna.

3. Deputy Secretary to Government, Department of Finance, Government of Bihar, Patna.

4. The Director, Primary Education, Government of Bihar, Patna.

5. The District Programme Officer (Establishment), Darbhanga DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durga Nand Jha, Adv.

For the State :

Mr. Sanjay Kumar A.C. to Gp23 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner retired from the post of Headmaster in Pitambari Bengali Middle School, Lalbagh Darbhanga on 31.08.2006.

Learned counsel for the petitioner submits that all other retiral benefits have been paid except Leave Encashment which the petitioner is entitled in view of the decision in the case of Md. Rustam Ali vs. The State of Bihar & Ors. in C.W.J.C. No. 11015 of 2016 as contained in Annexure-6 dated 23.12.2016 wherein the teachers of the Government Aided

Patna High Court CWJC No.22753 of 2018(2) dt.13-12-2018 2/2 Minority Schools are entitled to leave encashment. He submits that the petitioner is entitled to 287 days of leave encashment as calculated according to his service tenure.

Considering the facts as aforesaid, this writ application is disposed of in terms of the order passed in C.W.J.C. No. 11015 of 2016. Respondents are directed to pay the dues of leave encashment of the petitioner as per his entitlement within a period of three months from the date of receipt/production of a copy of this order.

(Nilu Agrawal, J) devendra/- U