Gauhati High Court
Md. Usman Ali vs The State Of Assam And 4 Ors on 19 March, 2021
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GAHC010041982021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1777/2021
MD. USMAN ALI
S/O LATE RAFI UDDIN, RETIRED HEAD TEACHER OF DOLBARI L.P
SCHOOL, PERMANENT RESIDENT OF VILLAGE DOLBARI, PO MORIGAON,
DIST MORIGAON, ASSAM 782105
VERSUS
THE STATE OF ASSAM AND 4 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:DEPUTY INSPECTOR OF SCHOOL (D.I)
MORIGAON
5:DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
LAST GATE DISPUR GUWAHATI 78100
Advocate for the Petitioner : MR. N ISLAM
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 19-03-2021
Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned
counsel for the respondent No.1, Mr. A. Phukan, learned counsel for the respondents No. 2, 3 and
4 and Mr. S.R. Baruah, learned counsel for the respondent No.5.
2. The petitioner was a retired Head Teacher of Dolbari L.P. School in the district of Morigaon,
who had retired from service on 31.05.2018. She was granted all other retirement benefits except the
leave encashment which was granted for 229 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
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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
