Patna High CourtCWJC/5612/2016disposed

Manouwar Sultana v. The State Of Bihar And ORS

2017-11-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5612 of 2016 =========================================================== Manouwar Sultana Wife of late Fuzail Ahmed Siddiqui Resident of Mohalla - Nagmatia Colony, Gaya, Police Station - Chandauti, District - Gaya. .... .... 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. The Director, Primary Education, Government of Bihar, Patna.

4. The District Education Officer, Gaya.

5. The District Programme Officer (Establishment), Gaya.

6. The Head Master, Quasimi Middle School, Gaya. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Gyan Prakash Ojha- GA-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 01-11-2017 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. As prayed for, counsel for the petitioner is permitted to make necessary correction. The grievance of the petitioner is with regard to payment of leave encashment.

Counsel for the State submits that petitioner is not entitled to payment of leave encashment in view of circular dated 29.06.1983 of the State Government.

Counsel for the petitioner submits that the issue is no more res integra. It has already been decided by Division Bench of this court in C.W.J.C. No. 23/2015 and L.P.A. No. 1856/2016.

Patna High Court CWJC No.5612 of 2016 dt.01-11-2017 2/2 Be that as it may, the writ application is disposed of with a direction to the respondent no. 4 who shall look into the grievance of the petitioner and take final decision with regard to payment of leave encashment in light of the judgment of this court in C.W.J.C. No. 23/2015 and L.P.A. No. 1856/2016 within a period of six weeks from the date of filing of representation along with copy of this order and copy of the order passed in C.W.J.C. No. 23/2015 and L.P.A. No. 1856/2016.

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