Gauhati High Court
Md. Abdul Hamid vs The State Of Assam And 4 Ors on 9 April, 2021
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GAHC010071172021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2679/2021
MD. ABDUL HAMID
S/O LATE BOSHIR UDDIN, RETIRED A/T OF DAKHIN JURBIL COLONI L.P.
SCHOOL, PERMANENT R/O VILLAGE HAIBARGAON, PO BARALIMARI,
DIST. MORIGAON, ASSAM, PIN-782121
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF FINANCE, DISPUR, GUWAHATI-781006
2:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR
GUWAHATI-781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI-781019
4:DEPUTY INSPECTOR OF SCHOOL
(D.I)
MORIGAON
5:DIRECTOR OF PENSION
ASSAM
HOUSEFED COMPLEX
LAST GATE
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MR. N ISLAM
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Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
09.04.2021
Heard Mr. N Islam, learned counsel for the petitioner. Also heard Mr. PN Sarma learned counsel
for the Elementary Education Department, Government of Assam and Mr. P Nayak, learned Standing
counsel, Finance Department and Mr. SR Baruah, learned counsel for the Pension Department,
Government of Assam.
2. The petitioner was a retired Assistant Teacher of Dakhin Jurbil Colony LP School in the district of
Morigaon, who had retired from service on 30.11.2013. He was granted all other retirement benefits
except the leave encashment which was granted for 182 days instead of the maximum period of 300
days.
3. In the aforesaid premises, this writ petition has been preferred for a direction to the respondent
authorities to grant the petitioner the leave encashment upto a period of 300 days.
4. The issue as to whether the retired Teachers under the Education Department, Assam are
entitled to leave encashment upto a period of 300 days has been settled by this Court in its judgment
and order dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and
Others passed in WP(C)No.9851/2003.
5. In the aforesaid judgment, it has been held that the retired employees under the Education
Department are entitled to leave encashment for a maximum of 300 days. The said decision has also
been followed in a number of subsequent orders of this Court.
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6. The learned counsel for the parties including that of the respondents agree that the grievance
raised in this writ petition is covered by the aforesaid judgment and order of this Court dated
02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others.
7. In view of the aforesaid consensus, this writ petition is disposed of by directing the respondent
No.3 being the Director of Elementary Education,
Assam to examine the case of the petitioner and in the event, it is found that the petitioner was
entitled to leave encashment for the unutilized earned leave upto maximum of 300 days, the same be
granted to the petitioner by passing a speaking order. Upon verification, if it is found that any excess
amount has already been paid to the petitioner, the same shall be adjusted/recovered.
8. The aforesaid direction be carried out by the Director of Elementary Education, Assam within a
period of 3(three) months from the date of receipt of a certified copy of this order.
9. In terms of the above, this writ petition stands disposed of.
JUDGE
Comparing Assistant
