Md. Amzad Ali vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1416 Gua

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GAHC010068902021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/2612/2021

            MD. AMZAD ALI
            S/O LATE ASSAR ALI
            RETIRED HEADMASTER OF LENGERIBORI MEM. PERMANENT RESIDENT
            OF VILLAGE LOCHANABORI, PO LOCHANABORI, DIST MORIGAON,
            ASSAM 782126



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED 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 19

            4:DISTRICT ELEMENTARY EDUCATION OFFICER
             (D.E.E.O)
             MORIGAON

            5:DIRECTOR OF PENSION

             ASSAM HOUSEFED COMPLEX
             LAST GATE DISPUR GUWAHATI 78100

Advocate for the Petitioner   : MR. N ISLAM

Advocate for the Respondent : GA, ASSAM
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                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                                ORDER

Date : 09-04-2021

Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned counsel for the respondents No.2, 3 and 4, Mr. P. Nayak, learned counsel for the respondent No.1 and Mr. S.R. Barua, learned counsel for the respondent No.5.

2. The petitioner was a retired Headmaster of Lengeribori MEM in the district of Morigaon, who had retired from service on 28.02.2011. He was granted all other retirement benefits except the leave encashment which was granted for 155 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.

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 had already been paid to the petitioner, the same may be adjusted/recovered.

8. The aforesaid direction be carried out by the Director of Elementary Education, Assam within a Page No.# 3/3

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