Gauhati High Court
Nila Sarma vs The State Of Assam And 4 Ors on 9 April, 2021
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GAHC010067092021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2597/2021
NILA SARMA
S/O LATE BAPUKON SARMA
VILLAGE RAISAI, PS DEMOW, 785662, DIST SIVASAGAR,
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY. ELEMENTARY
EDUCATION, ASSAM, DISPUR GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI 19
3:THE DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
DISPUR
GUWAHATI 781006
4:ACCOUNTANT GENERAL
MAIDAMGAON
BELTOLA
GUWAHATI 781029
5:THE DEPUTY INSPECTOR OF SCHOOL
SIVASAGAR
78564
Advocate for the Petitioner : MR MINTU SAIKIA
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Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 09-04-2021
Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned
counsel for the respondents No.1, 2 and 5 being the authorities under the Elementary Education
Department, Mr. B. Deuri, learned counsel for the respondent No.3 and Mr. R. Ahmed, learned
counsel for the respondent No.4
2. The petitioner was a retired Headmaster of Dakshin Gelgeli Lower Primary School in the district
of Sivasagar, who had retired from service on 29.02.2012. The learned counsel for the petitioner states
that even upon making an enquiry the authorities have not informed the petitioner as to how many days
of leave encashment have already been granted to the petitioner. In view of such statement, we require
the Deputy Inspector of Schools, Sivasagar to verify from the records as to how many days of leave
encashment have already been paid to the petitioner and the requirement of this order be made
applicable only to the balance number of days for which the leave encashment have not been paid to
the petitioner.
3. 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
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Nos.2 and 5 being the Director of Elementary Education and the Deputy Inspector of Schools,
Sivasagar, 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
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
