Patna High CourtCWJC/8830/2018allowed

Brij Nandan Prasad v. The State Of Bihar And ORS

2018-12-04Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8830 of 2018 ====================================================== Brij Nandan Prasad, son of Late Nathey Singh, resident of Mohalla- Purani Jakkanpur, Baidyanath Mahto Marg, P.S. Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary-Cum- Commissioner, Secondary & Primary Education, Govt. 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, Patna.

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

For the Petitioner/s :

Mr. Arun Kumar For the Respondent/s :

Mr. Jitendra Kr. Roy No. 1- Sc13 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner seeks leave encashment from the date after his superannuation on 30.08.2009 from the post of Assistant Teacher in Non-Government Aided Minority High School, Daya Nand Vidalaya Mithapur, Patna. He submits that the similar matter have come for consideration before this Court and this Court in C.W.J.C. No. 10535 of 2016 in the case of Raghib Hassan Vs. The State of Bihar and Ors. and vide order dated 23.12.2016 this court had found those persons were entitled to leave encashment after their retirement in view of the resolution no. 237 dated 20.02.1990.

Considering the nature of prayer made by the writ

Patna High Court CWJC No.8830 of 2018(2) dt.04-12-2018 2/2 petitioner, this writ application is allowed in terms of the order passed in C.W.J.C. No. 10535 of 2016. The respondents are directed to pay the dues of leave encashment to the petitioner as per its entitlement preferably within a period of three months from the date of receipt/production of a copy of this order failing which the respondents shall be liable for payment of interest at the rate of 18% per annum on such delayed payment from the date the amount became due till the date of its actual payment.

(Nilu Agrawal, J) devendra/- U