Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 8 Ors on 19 February, 2021
Page No.# 1/4
GAHC010028662021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1055/2021
AKUL CH GHOSE AND 3 ORS
S/O LATE JITENDRA MOHAN GHOSE, VILL. BILASIPARA WARD NO. 4, P.O.
BILASIPARA, P.S. BILASIPARA, DIST. DHUBRI (ASSAM), PIN 783348 EX
CRCC BILASIPARA TOWN - II, EDN. BLOCK BILASIPARA, RETD. SCHOOL
2048 NO. SAHIDSMRITI BIDYANIKETAN L.P. SCHOOL,
2: ABDUL HAMID MIAH
S/O LATE ANSER UDDIN AHMED
VILL. BERBHANGI
P.O. DIMAGURI
P.S. GOLOKGANJ
DIST. DHUBRI (ASSAM)
PIN 783334
EX CRCC NALIA
EDN. BLOCK GOLOKGANJ
RETD. SCHOOL 1722 NO. ROUWA KUTI L.P. SCHOOL
3: ABDUS SABUR PRODHANI
S/O LATE ABDUR RAHMAN PRODHANI
VILL. SHAMCHARANER KUTI PT-I
P.O. SILAIRPAR
P.S. GAURIPUR
DIST. DHUBRI
ASSAM
PIN 783301 EX CRCC DEWARIKHOLA
EDN. BLOCK SOUTH SALMARA
RETD. SCHOOL
PORARCHAR M.V. SCHOOL.
4: MADHURI NATH
W/O LATE RAJIB LACHAN NATH
VILL. BILASIPARA WARD NO. 5
P.O. BILASIPARA
P.S. BILASIPARA
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DIST. DHUBRI
ASSAM
PIN 783348 EX. CRCC HATIPOTA
EDN BLOCK CHAPAR
SALKOCHA
RETD. SCHOOL 2520 NO. SILDANGA LP
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI 781006
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
FINANCE (ESTT-A) DEPTT.
DISPUR
GUWAHATI 781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI 781019
4:THE MISSION DIRECTOR
SARBA SKHIKSHA ABHIJAN MISSION
ASSAM
KAHILIPARA
GUWAHATI 19
5:THE DIST. MISSION CO ORDINATOR
SSA
DHUBRI
6:THE DIST. ELEMENTARY EDUCATION OFFICER
DHUBRI
7:THE DEPUTY INSPECTOR OF SCHOOLS
DHUBRI AND BILASIPARA
8:THE BLOCK ELEMENTARY EDUCATION OFFICER
BLOCK MISSION CO ORDINATOR OF RESPECTIVE BLOCK OF THE DIST.
9:THE TREASURY OFFICER
DHUBRI AND BILASIPARA
Advocate for the Petitioner : MR. N AHMED
Advocate for the Respondent : SC, ELEM. EDU
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
19.02.2021
Heard Mr. R.A. Ahmed, learned counsel for the petitioners. Also heard Ms. N Phukan,
learned Standing counsel for the Elementary Education Department, Mr. S Bora, Standing
counsel, SSA and Mr. A Chaliha, learned Standing counsel appearing for the Finance
Department, Assam.
2. The petitioners are all retired employees of the State Government in the Education
Department, who were serving as Teachers and Head Teachers in different LP Schools, in the
district of Dhubri, Kokrajhar and South Salmara-Mankachar respectively.
3. The details of the engagement of the petitioners and their dates of retirement, as well
as the details of the payments received by them towards the unutilized earned leave are as
follows:-
Sl Name of teachers Name of Schools Date of Leave
No Retirement Encashment
granted
1 Akul Ch Ghose 2048 No. Sahid Smriti 31.03.2020 247
Bidyaniketan LP School
2 Abdul Hamid Miah 1722 No. Rouwakuti L.P School 30.04.2020 248
3 Abdus Sabur Prodhani Porarchar M.V School 31.12.2019 245
4 Late Rajib Lachan nath 2520 No. Sildanga LP School 30.04.2000 58
4. In this writ petition, the petitioners claim the balance of the unpaid salary for the
unutilized earned leave, which were not paid to them in course of their employment.
Entitlement of unutilized earned leave up to a maximum period of 300 days, even in the
Vacation Departments of the Govt. of Assam, has been settled by this Court in Khagendra
Nath Deka and Ors., - Vs - State of Assam reported in 2011 (5) GLT 9. In the said
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judgment, it has been held that all such employees even in the vacation Departments are
entitled to payment of salary for the unutilized earned leave upto a maximum period of 300
days.
5. In the instant case, the petitioners state that they have received the salary for the
unutilized earned leave for various periods ranging between 80 days to 215 days, as indicated
in the table hereinabove.
6. As the law has been settled that the petitioners are entitled to the payment of salary
for the unutilized earned leave upto a maximum period of 300 days, therefore, this Court is of
the view that the petitioners are entitled to the payment of their salaries of the unutilized
earned leave for the balance period up to 300 days by deducting the number of days for
which they have already received payment.
7. Accordingly, the State respondents are directed to examine the individual cases of the
petitioners and arrive at a conclusion as to what is the balance period for which they are
required to be paid the salary towards unutilized earned leave.
8. The aforesaid exercise shall be completed within a period of 3(three) months from the
date of receipt of a certified copy of this order and upon arriving at a conclusion, the salaries
be paid to the petitioners within a period of another 3(three) months thereafter.
9. In terms of the above, this writ petition stands allowed.
JUDGE
Comparing Assistant
