Gauhati High Court
Charuprabha Devi vs The State Of Assam And 4 Ors on 22 March, 2021
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GAHC010049062021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1926/2021
CHARUPRABHA DEVI
W/O NILA SARMA
VILLAGE RAISAI,
PS DEMOW, DIST SIVASAGAR, 785662
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY
EDUCATION, ASSAM, DISPUR GUWAHATI 06
2:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI 19
3:DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
DISPUR GUWAHATI 781006
4:THE ACCOUNTANT GENERAL
MAIDAMGAON
BELTOLA
GUWAHATI 781029
5:THE DEPUTY INSPECTOR OF SCHOOL
SIVASAGAR
78564
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
22.03.2021
Heard Mr. M Saikia, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned
Standing counsel, Elementary Education Department, Br. B Deori, learned Government
Advocate and Mr. A Hasan, learned counsel for the Accountant General (A&E), Assam.
2. The petitioner was a retired Head Mistress of Raichai Lower Primary School in the
district of Sivasagar, who had retired from service on 30.04.2015. The learned counsel for the
petitioner states that even upon making an enquiry the authorities have not informed the
petitioner as to how many days of leave encashment have already been granted to the
petitioner. In view of such statement, we require the Deputy Inspector of Schools, Sivasagar
to verify from the records as to how many days of leave encashment have already been paid
to the petitioner and the requirement of this order be made applicable only to the balance
number of days for which the leave encashment have not been paid to the petitioner.
3. 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
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Others.
7. In view of the aforesaid consensus, this writ petition is disposed of by directing the
respondent Nos.2 and 5 being the Director of Elementary Education and the Deputy Inspector
of Schools, Sivasagar, 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
