Mahadev Lal Karmakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13900 of 2018 ====================================================== Mahadev Lal Karmakar Son of late Beni Lal Karmakar Resident of MohallaSouth Bhatta, Bangali Tola, Purnea, Police Station- Sahyak K. Hat, DistrictPurnea. ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

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

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

4. The District Education Officer, Purnea.

5. The District Programme Officer Establishment, Gaya.

6. The Headmaster, Bhatta Middle School, Bengali, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Madanjeet Kumar- Gp20 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned counsel appearing for the State.

Counsel for the petitioner submits that it is not the District Programme Officer (Establishment), Gaya, respondent no. 5, who is the competent authority to make payment of leave encashment/ earned leave as per the entitlement, but respondent no. 4, the District Education Officer, Purnea would look into the claim of the petitioner and, thus, seeks modification of the part of the order dated 18.12.2018 whereby respondent no. 5, the District Programme Officer (Establishment), Gaya was directed to make payment of leave encashment/ earned leave as per the

Patna High Court CWJC No.13900 of 2018(3) dt.14-02-2019 2/2 entitlement of the petitioner.

Considering the submission of the petitioner, order dated 18.12.2018 is modified to the extent that respondent no. 5, the District Programme Officer (Establishment), Gaya be read as respondent no. 4, the District Education Officer, Purnea. (Nilu Agrawal, J) Rajesh/- U