Gauhati High Court
Md. Abdul Matin vs The State Of Assam And 4 Ors on 15 March, 2021
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GAHC010042042021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1655/2021
MD. ABDUL MATIN
S/O LATE ABU BAKKAR SIDDIQUE
RETIRED HEAD TEACHER OF SILPUKHURI ME MADRASSA ,PERMANENT
RESIDENT OF VILLAGE BORIGAON, PO AND DIST MORIGAON, ASSAM
782105
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM . DEPT. OF FINANCE, DISPUR GUWAHATI 781006
2:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR GHY 06
3:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GHY 19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
MORIGAON
5:DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
LAST GATE
DISPUR GHY 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 : 15-03-2021
Heard Ms. Th. A. Devi, learned counsel for the petitioner. Also heard Ms. N. Phukan,
learned standing counsel for the Elementary Education Department, Mr. B. Gogoi, learned counsel
for the Finance Department and Mr. B. Deuri, learned counsel for the respondents No.5.
2. The petitioner was a retired Headmaster of Silpukhuri M.E. Madrassa in the district of
Morigaon, who had retired from service on 31.01.2018. He was granted all other retirement benefits
except the leave encashment which was granted for 225 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.
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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.
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
