Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 3 Ors on 15 July, 2021
Page No.# 1/4
GAHC010081332021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3077/2021
JOWAHAR ALI AHMED AND 6 ORS
S/O LATE HASEN ALI MIAH, RETIRED ASSISTANT (SCIENCE GRADUATE),
TEACHER OF TND GIRLS' MADRASSA H.S. SCHOOL, R/O VILL-
GUNIALGURI, DIST. BARPETA, ASSAM, PIN- 781319
2: MOSTAB ALI KHAN
S/O AFTAB UDDIN KHAN
RETIRED ASSISTANT TEACHER OF PALLAPAR MADRASSA H.S. SCHOOL
R/O VILLAGE BETBARI
PO BARBALA
DIST. BARPETA
ASSAM
PIN-781316
3: ABDUL KARIM
S/O LATE MAYEN UDDIN
RETIRED ASSISTANT TEACHER OF PALLARPAR MADRASSA HS. SCHOOL
R/O VILLAGE SUKMANAH
PO SUKMANAH
DIST. BARPETA
ASSAM
PIN-781316
4: AZIZUR RAHMAN
S/O LATE KASHEM ALI SARKAR
RETIRED ASSISTANT TEACHER OF K K PATHAK HIGH SCHOOL
KALGACHIA
R/O VILLAGE- KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319
5: ABDUL HAMID
S/O LATE MOKSED ALI
Page No.# 2/4
RETIRED ASSISTANT TEACHER OF K K PATHAK HIGH SCHOOL
KALGACHIA
R/O VILLAGE- KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319
6: ISMAIL HUSSAIN
S/O LATE AKBAR HUSSAIN
RETIRED ASSISTANT TEACHER OF K K PATHAK HIGH SCHOOL
KALGACHIA
R/O VILLAGE- KALGACHIA
DIST. BARPETA
ASSAM
PIN-781319
7: KH. ALTAF HUSSAIN
S/O LATE KH. MOZIBOR RAHMAN
RETIRED BIOLOGY DEMONSTRATOR
PASCHIM MOINBURI HS SCHOOL
MOINBURI
R/O VILLAGE KALGACHIA
DIST. BARPETA
ASSAM
PIN-78131
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE (ESTT. A) DEPARTMENT
ASSAM
DISPUR
GUWAHATI-6
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
4:THE INSPECTOR OF SCHOOLS
BARPETA DISTRICT CIRCLE
BARPETA
DIST. BARPETA
ASSAM
Page No.# 3/4
PIN-78130
Advocate for the Petitioner : MD. S ALOM
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 15-07-2021
Heard Mr. S Alom, learned counsel for the petitioners. Also heard Mr. S M T
Chistie, learned counsel for the respondents. 1, 3 and 4 being the authorities under
the Secondary Education Department of Government of Assam and Mr. A. Chaliha,
learned counsel for the respondent no. 2 being the authorities under the Finance
Department of Government of Assam.
2. The petitioners no. 1 to 6 are the retired teachers of various High/Higher
Secondary School and the petitioner no. 7 is a retired Demonstrator in Biology of a
Higher Secondary School. Their service particulars are as under:
Sl Name of the petitioner Name of the school Date of retirement Earned leave
No from where they were already
retired granted
1 Jowahar Ali Ahmed TND Girls' Madrassa 30.06.2019 237 days
H.S. School
2 Mostab Ali Khan Pallarpar Madrassa H.S. 30.06.2018 123 days
School
3 Abdul Karim Pallarpar Madrassa H.S. 31.10.2018 228 days
School
4 Azizur Rahman K.K. Pathak High 01.03.2019 230 days
School, Kalgachia
5 Abdul Hamid K.K. Pathak High 31.05.2019 219 days
School, Kalgachia
6 Ismail Hussain K.K. Pathak High 30.09.2016 210 days
School, Kalgachia
7 Kh. Altaf Hussain Paschim Moinburi H.S. 01.03.2019 205 days
School
Accordingly, it is the claim of the respective petitioners that they were not
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granted the leave encashment as per their entitlement of 300 days. In the aforesaid
premises, this writ petition has been preferred for a direction to the respondent
authorities to grant the petitioners the leave encashment upto a period of 300 days.
3. The issue as to whether the retired employees 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.
4. 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 26.03.2021 in WP(C) No.2373/2021 has also been
annexed to this writ petition.
5. 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.
6. In view of the aforesaid consensus, this writ petition is disposed of by directing
the respondent No.3 being the Director of Secondary Education, Assam to examine the
case of the petitioners and in the event, it is found that the petitioners were entitled to
leave encashment for the unutilized earned leave upto maximum of 300 days, the
same be granted to the petitioners by passing a speaking order.
7. The aforesaid direction be carried out by the Director of Secondary Education,
Assam within a period of 3(three) months from the date of receipt of a certified copy
of this order.
8. In terms of the above, this writ petition stands disposed of.
JUDGE
Comparing Assistant
