Md. Safique Ullah vs The State Of Assam And 5 Ors
2021 Latest Caselaw 706 Gua

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GAHC010029892021




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

                            Case No. : WP(C)/1205/2021

         MD. SAFIQUE ULLAH
         S/O LATE NURUL HAQUE RETIRED HEAD MASTER, ISLAMPUR ME
         MADRASSA, PERMANENT RESIDENT OF VILLAGE KHANDAH PUKHURI,
         PO AND 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

         4:THE DIRECTOR OF ELEMENTARY EDUCATION

          KAHILIPARA
          GUWAHATI 781019

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

          MORIGAON
          ASSAM

         6:THE DEPUTY INSPECTOR (D.I)
          MORIGAON.

         7: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 : GA, ASSAM




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                              ORDER

Date : 26-02-2021

Heard Mr. N Islam, learned counsel for the petitioner. Also heard Ms. N Phukan learned counsel for the Elementary Education Department and Mr. A Chaliha, learned Standing counsel, Finance Department and Mr. SR Barua, learned counsel for the Pension Department, Government of Assam.

2. The petitioner was a retired Head 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 77 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. One such order dated 01.11.2017 in WP(C)No.6525/2017 has also been annexed to this writ petition.

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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.

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