Md. Sunmahmud vs The State Of Assam And 4 Ors
2021 Latest Caselaw 862 Gua

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GAHC010042732021




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

                                 Case No. : WP(C)/1513/2021

            MD. SUNMAHMUD
            S/O- LT. JAMDHAR ALI, RETD. HEAD MASTER OF GARMARI L.P.SCHOOL,
            PERMANENT R/O- VILL- BAGARI TALA, P.O. MIKIRBHETA, DIST.-
            MORIGAON, ASSAM, PIN- 782106



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
            FINANCE, DISPUR, GHY-06

            2:THE COMM. AND SECY.
             DEPTT. OF ELEMENTARY EDUCATION
             DISPUR
             GHY-06

            3:THE DIRECTOR OF ELEMENTARY EDUCATION
             KAHILIPARA
             GHY-19

            4:DY. INSPECTOR OF SCHOOL (D.I)
             MORIGAON

            5:DIRECTOR OF PENSION
            ASSAM
             HOUSEFED COMPLEX
             LAST GATE
             DISPUR
             GHY-0

Advocate for the Petitioner   : MR. N ISLAM
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Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                                ORDER

Date : 08-03-2021

Heard Ms. Th A. Devi, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing counsel, Elementary Education Department, Mr. B. Deori, learned Government Advocate and Mr. B. Gogoi, learned Standing counsel, Finance Department.

2. The petitioner was a retired Head Master of Garmani L.P. School in the district of Morigaon, who had retired from service on 28.02.2019. He was granted all other retirement benefits except the leave encashment which was granted for 236 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. One such order dated 01.11.2017 in WP(C) No.6525/2017 has also been annexed to this writ petition.

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.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.

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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