Gauhati High Court
Md. Ahmed Ali vs The State Of Assam And 5 Ors on 24 February, 2021
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GAHC010029882021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1103/2021
MD. AHMED ALI
S/O LATE BHEBUA SHEIKH
RETIRED ASST. TEACHER OF ISLAMPUR M E MADRASSA ,PERMANENT
RESIDENT OF VILAGE AND PO TOKUNABORI, PS MIKIRBHETA, DIST
MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 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 781019
4:DISTRICT ELEMENTARY EDUCATION OFFICER
MORIGAON
ASSAM
5:THE DEPUTY INSPECTOR OF SCHOOL (IS)
MORIGAON
ASSAM
6:THE DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
LAST GATE
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DISPUR
GUWAHATI 78100
Advocate for the Petitioner : MR. N ISLAM
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
24.02.2021
Heard Mr. N Islam, learned counsel for the petitioner, Mr. A Phukan, learned counsel for
the Elementary Education Department and Mr. B Deori, learned Government Advocate and Mr.
B Gogoi, learned counsel for the Finance Department of the Government of Assam. The
petitioner is allowed to correct the name of the respondent No.3 being the Director of
Secondary Education to Director of Elementary Education, Assam and the respondent No.5
being the Inspector of Schools, Morigaon to the Deputy Inspector of Schools, Morigaon in the
cause title of the writ petition by hand.
2. The petitioner was a retired Assistant Teacher of Islampur ME Madrassa in the district
of Morigaon, who had retired from service on 31.10.2017. He was granted all other
retirement benefits except the leave encashment which was granted for 223 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 of her husband 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
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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. One such
order dated 01.11.2017 in WP(C) No.6525/2017 has also been annexed to this writ petition.
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 is 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.
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
