Gauhati High Court
Gokul Borah vs The State Of Assam And 4 Ors on 26 March, 2021
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GAHC010057112021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2149/2021
GOKUL BORAH
S/O- LT. GHANA KANTA BORAH, RETD. A/T OF DAKSHIN KAMPUR HIGH
SCHOOL PERMANENT R/O- VILL- PATIAPAM, P.O. PATIAPAM, P.S. KAMPUR,
BONGAIGAON, DIST.- NAGAON, PIN- 782426, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
SECONDARY EDUCATION, DISPUR, GHY-06
2:THE DIRECTOR OF SECONDARY EDUCATION
KAHILIPARA
GHY-19
3:DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
LAST GATE
DISPUR
GHY-06
4:ACCOUNTANT GENERAL
MAIDAMGAON
BELTOLA
GHY-29
5:INSPECTOR OF SCHOOL (I.S)
NAGAON DISTRICT CIRCL
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 26-03-2021
Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. N.M. Sarma,
learned counsel for the respondents No. 1, 2 and 5 Mr. S.R. Barua, learned counsel for the
respondent No.3 and Mr. R.K. Talukdar, learned counsel for the respondent No.4.
2. The petitioner was a retired Assistant Teacher of Dakshin Kampur High School in the district of
Nagaon, who had retired from service on 30.04.2018. He was granted all other retirement benefits
except the leave encashment which was granted for 228 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
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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 Secondary 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 Secondary 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
