Abul Hasan Azizi @ Abul Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8053 of 2019 ====================================================== Abul Hasan Azizi @ Abul Hasan, S/o Ahmad Hussain, Resident of VillagePipra, P.S. Manjhagarh, District Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary-cum-Commissioner, Secondary and Primary Education, Government of Bihar, Patna 2.

The Director Secondary Education, Govt. of Bihar, Patna 3.

The Secretary Finance Department, Govt. of Bihar, Patna 4.

The District Education Officer Gopalganj 5.

The District Programme Officer (Establishment) Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Respondent/s :

Mr.Jitendra Kr. Roy 1, SC-13 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2019 Heard the learned counsel for the petitioner, learned counsel appearing on behalf of the State.

The petitioner retired from the post of Head Maulvi of Government aided Madarsa which is a Government aided Madarsa. The present writ application has been filed for payment of leave encashment which has been sanctioned and paid to other teachers and staff of Minority Institutions and Non-Government Sanskrit Schools and Madarsa, in view of the Resolution of the State Government being resolution no. 237 dated 20.02.1990 which came into force on 01.01.1990.

Patna High Court CWJC No.8053 of 2019(2) dt.19-04-2019 2/2 He submits that the matter is now no longer res integra as this court in the case of Charley Lazarus vs. State of Bihar and others dated 03.08.2015 had directed for payment of leave encashment as per the entitlement, which has been upheld by the division bench in L.P.A. No. 1856 of 2016. Considering that the matter is already decided by this court, this writ application is disposed of in the light of the order dated 03.08.2015 passed in C.W.J.C. No. 23 of 2015 upheld in L.P.A. No. 1856 of 2016.

Respondent no. 5, the District Programme Officer Establishment, Gopalpur, is directed to pay the amount of leave encashment as per the entitlement of the petitioner within a period of two months from the date of receipt/production of the copy of this order before the respondent no. 5. (Nilu Agrawal, J) khushbu/- U