Md. Joynal Abdin vs The State Of Assam And 4 Ors
2021 Latest Caselaw 707 Gua

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GAHC010030212021




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

                        Case No. : WP(C)/1189/2021

         MD. JOYNAL ABDIN
         S/O LATE JUBED ALI, RETIRED A/T ISLAMPUR ME MADRASSA,
         PERMANENT R/O VILL. BORCHAKABAHA, P.O. TOKUNABORI, DIST.
         MORIGAON, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, DEPTT. OF FINANCE DISPUR, GUWAHATI 781006

         2:THE COMMISSIONER AND SECY.
          DEPTT. OF ELEMENTARY EDUCTION
          DISPUR
          GUWAHATI 781006

         3:THE DIRECTOR OF ELEMENTARY EDUCATION

          KAHILIPARA
          GUWAHATI 781019

         4:DEPUTY INSPECTOR (D.I.)
          MORIGAON

         5:DIRECTOR OF PENSION

          ASSAM
          HOUSE FED COMPLEX
          LAST GATE
          DISPUR
          GUWAHATI 78100
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Advocate for the Petitioner    : MR. N ISLAM

Advocate for the Respondent : SC, ELEM. EDU




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                           JUDGMENT

Date : 26-02-2021

Heard Ms. Th A Devi, learned counsel for the petitioner. Also heard Mr. N. Phukan, learned counsel for the respondents No. 2, 3 and 4, Mr. A. Chaliha, learned counsel for the respondent No.1 and Mr. B. Deuri, learned counsel for the respondent No.5.

2. The petitioner was a retired A/T of Islampur ME Madrassa Morigaon in the district of Morigaon,

who had retired from service on 31.05.2019. He was granted all other retirement benefits except the

leave encashment which was granted for 61 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 Page No.# 3/3

respondentNo.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