IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1409 of 2009 1. GULAB JHARO KUAR W/O LATE DHANLAL RAM R/O VILL.- BARAULI, P.S.- PIRO, DISTT.- BHOJPUR ……………….. Appellant. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY PRIMARY EDUCATION, BIHAR, PATNA 2. THE DIRECTOR PRIMARY EDUCATION BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, BHOJPUR, ARRAH 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, BHOJPUR 5. THE DISTRICT PROVIDENT FUND OFFICER, BHOJPUR, ARRAH ……..(Respondents)…… Respondents. ----------- 9 25.02.2011 The present L.P.A. arises out of the order dated 8.8.2007 passed in C.W.J.C. No.9607 of 2007. The case of the appellant is that he has sought for payment of amount of group insurance, provident fund and the leave encashment as per Rules. The learned Single Judge has held that the appellant is entitled only for payment of the amount of G.P.F and group insurance, but rejected the claim so far as leave encashment is concerned, in view of the fact that the husband of the appellant has been convicted in a criminal case. We do not find any illegality in the order of the learned Single Judge. However, taking into account the submission made by the learned counsel for the appellant that the appellant has filed an appeal against the order of conviction in a criminal case which is still pending, we make it clear that the appellant can revive her claim for payment of leave encashment to 2 which she is also entitled as per law if she succeeds in the criminal appeal. With the above observation this L.P.A. is disposed of. Abhay Kumar ( T. Meena Kumari, J.) (Dharnidhar Jha, J.)