Taru Devi vs The State Of Assam And 5 Ors
2021 Latest Caselaw 1160 Gua

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GAHC010049042021




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

                            Case No. : WP(C)/2097/2021

         TARU DEVI
         S/O PHANIDHAR KHOUND RETIRED TEACHER OF RAJABARI,
         TAMBAPUJINI M.E. SCHOOL, PERMANENT R/O VILL.
         PUBKANDHULIMARI, P.O. JOGIJAN BAZAR, PIN 782429, DIST. HOJAI,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECY. DEPTT. OF
         ELEMENTARY EDUCATION, DISPUR, GUWAHATI 781006

         2:THE DIRECTOR OF ELEMENTARY EDUCATION

          KAHILIPARA
          GUWAHATI 781019

         3:DIRECTOR OF PENSION

          ASSAM HOUSEFED COMPLEX
          LAST GATE
          DISPUR
          GHY 781006

         4:ACCOUNTANT GENERAL

          MAIDAMGAON
          BELTOLA
          GUWAHATI 781029

         5:INSPECTOR OF SCHOOL (I.S.)
          NAGAON.
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             6:INSPECTOR OF SCHOOL

              HOJAI

Advocate for the Petitioner    : MR MINTU SAIKIA

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
             HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                              ORDER

24.03.2021

Heard Mr. M Saikia, learned counsel for the petitioner. Also heard Mr. PN Goswami, learned counsel for the Elementary Education Department and Mr. B Gogoi, learned Standing counsel, Finance Department and Mr. SR Barua, learned counsel for the Pension Department, Government of Assam.

2. The petitioner was a retired Headmaster of NC Brahma M.E. School in the district of Chirang, who had retired from service on 30.09.2014. He was granted all other retirement benefits except the leave encashment which was granted for 92 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 Page No.# 3/3

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 respondent No.2 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