Gausul Ajam v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15153 of 2016 =========================================================== Gausul Ajam, Son of Late Rajak, resident of Village- Bhabhta, P.S.- Bettiah, District- West Champaran at Bettiah.

.... .... 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, West Champaran at Bettiah.

5. The District Programme Officer (Establishment), West Champaran at Bettiah.

6. The Headmaster, Minority Aided Janta Middle School, Anchal- Narkatiaganj, West Champaran at Bettiah.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 11-07-2018 Heard learned counsel for the petitioner and State.

2. The petitioner has moved the Court for the following relief:

"That this is an application for issuance of an appropriate Writ/order/direction for directing and commanding the respondent authorities to pay the amount of earned leave to the petitioner who have been retired from the services of the Minority Aided Middle Schools from the district of West Champaran at Bettiah and for grant of any other consequential or incidental relief/reliefs to which the petitioner may be found legally entitled to in the facts and circumstances of the case."

3. At the very outset, learned counsel for the petitioner

Patna High Court CWJC No.15153 of 2016 dt.11-07-2018 2/2 submitted that the issue stands settled by a decision of this Court in C.W.J.C. No. 23 of 2015 dated 03.08.2015, in the case of Charley Lazarus which has been affirmed in L.P.A. No. 1856 of 2016, by order dated 16.03.2017.

4. On 02.01.2018, the Court had recorded the stand and the matter was adjourned for 9th January, 2018, on prayer made by learned counsel for the State. Today, learned counsel for the State does not dispute the fact that the petitioner is similarly situated to Charley Lazarus.

5. Having regard to the aforesaid, the writ petition stands disposed off in terms of the order dated 03.08.2015 passed in C.W.J.C. No. 23 of 2015.

6. The respondents are directed to pay the leave encashment amount to the petitioner as per the entitlement within a period of two months from the date of production of a copy of this order before the respondent no. 4.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U