Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 9 Ors on 30 September, 2021
Page No.# 1/7
GAHC010133342021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4970/2021
RAMA NATH ROY AND 25 ORS
S/O- LT KALI DAS ROY.
VILL.- KACHUAR KHASH PT-I .
P.O - DHARMASALA
2: MANOMOHAN ROY
S/O.- LT.BIPIN CH. ROY
VILL.- KISMAT HASDAHA PT. -III.
PO .- KISMAT HASDAHA.
P.S AND DIST.- DHUBRI (ASSAM)
3: AZIZ UDDIN SK
S/O.- LT. MAYZUDDIN SK.
VILL.- ARANYA.
PO. - DARAMSALA.
P.S AND DIST.- DHUBRI (ASSAM)
4: MAYZ UDDIN SK
S/O - LT. AHMED ALI
VILL.- KASUR KHASH PT. - I.
PO. - DARAMSALA.
P.S AND DIST.- DHUBRI (ASSAM)
5: AHMMED ALI SHEIKH
S/O -RAHMUDDIN SK.
VILLAGE-MADU SOULMARI PT - II
PO .- MADU SOULMARI.
P.S- GAURIPUR
DIST.- DHUBRI (ASSAM)
6: SUDHIR CH. ROY (EXPIRED)
REPRESENTED BY HIS WIFE ASHALATA ROY
AGED 67 YRS
VILLAGE- KHALISHAGURI
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P.O- MATERJHAR
P.S-GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
7: MAHABUB ALI PRODHANI
VILLAGE - BANIAMARI
P.O- SHEBGANJ
P.S-GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
8: NUR HUSSAIN SK
S/O- LT.KHALIL UDDIN SK
VILLAGE- SINGIMARI PT- I
P.O- TISTAR PAR
P.S- AND DIST.- DHUBRI ( ASSAM)
9: SUBHASH CH. ROY
S/O- LT. JUGAL CH. ROY
VILLAGE- SOULMARI PT. II
P.O - KACHARIHAT
P.S- AND DIST.- DHUBRI ( ASSAM)
10: SAMSER ALI SK
S/O- LT. FAKARUDDIN SK.
VILLAGE - DEBOTTAR HASHDAHA
P.S- AND DIST.- DHUBRI ( ASSAM)
11: GUNJER ALI KHANDAKAR
S/O LT.MAYEN UDDIN KHANDAKAR
VILLAGE- NALIA PT- II
P.O-DIMAKURI
P.S-GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
12: ABUAL HUSSAIN
S/O - LT. FAZAL UDDIN SK
VILLAGE -BERBANGI PT. III
P.O-DIMAKURI
P.S-GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
13: NIL KANTA ROY
S/O- LT. BABU CHAND ROY
VILLAGE- SINGIMARI PT -II
P.O.-KISMAT HASDAHA
P.S- AND DIST.- DHUBRI ( ASSAM)
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14: JASMATULLAH SK.
S/O- LT. MARAR UDDIN SK
VILLAGE- DEBOTTAR HASDAHA
P.O- KISMAT HASDAHA
P.S- AND DIST.- DHUBRI ( ASSAM)
15: SAFIUR RAHMAN PRODHANI
S/O-LT. GUL HAQUE PRODHANI
VILLAGE- BISANDAI PT- II
P.O- BISANDAI
P.S- AND DIST.- DHUBRI ( ASSAM)
16: GAFURUDDIN SK (EXPIRED)
REPRESENTED BY HIS WIFE -HOSSENA BANU BIBI
AGE 65 YRS
W/O- GAFURUDDIN SK
VILLAGE- KISMAT HASDAHA PT -II
P.O.-KISMAT HASDAHA
P.S- AND DIST.- DHUBRI ( ASSAM)
17: KISMAT ALI SK (EXPIRED)
REPRESENTED BY HIS WIFE-JAHURA BIBI
AGE 64 YEARS
W/O-LT. KISMAT ALI SK
VILLAGE- DEBOTTAR HASDAHA PT- IV
P.O- DEBOTTAR HASDAHA
P.S-GAURIPUR
AND DIST.- DHUBRI ( ASSAM)
18: MD. MOKSED ALI SK
VILLAGE- DEBOTTAR HASDAHA PT- II
P.O- DEBOTTAR HASDAHA
P.S-GAURIPUR
AND DIST.- DHUBRI ( ASSAM)
19: AZAD ALI AHMED
S/O- LT. CHIKRU SK.
VILLAGE - BARUNDANGA
P.O- BARUNDANGA
P.S- TAMARHAT
DIST.- DHUBRI ( ASSAM)
20: KANAK CH. DEB SARMA
S/O- LT. KACHU RAM ROY
VILLAGE- KHERBARI PT.-III
PO-KHERBARI
P.S - AGOMANI
DIST.- DHUBRI ( ASSAM)
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21: GULZAR ALI
S/O- LT. ALEFUDDIN SK.
VILLAGE-BARUNDANGA
P.O- BARUNDANGA
PS- GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
22: CHHANDA SINHA
W/O- MANOJ KR. SINHA
VILLAGE - BIDYARDABRI PT-IV
P.O- MAHAMAYA HAT
P.S- GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
23: MAZIBAR RAHMAN
S/O -BASATULLAH SK
VILLAGE AND P.O - JAPUSHABARI PT-II
P.S- AGOMANI
DIST.- DHUBRI ( ASSAM)
24: TAPAN KR. BEPARI
S/O -LT. LAKSMIKANTA BEPARI
VILLAGE -POKALAGI PT-V
P.S- GOLAKGANJ
DIST.- DHUBRI ( ASSAM)
25: DWIJENDRA NATH DAS
S/O -LT. KHEMA CH. DAS
VILLAGE AND P.O - SATRASAL
P.S- AGOMANI
DIST.- DHUBRI ( ASSAM)
26: ALOKA BHAKAT
S/O -LT. GOBINDA CH.BHAKAT
VILLAGE -JINKATA
P.S- AGOMANI
DIST.- DHUBRI ( ASSAM
VERSUS
THE STATE OF ASSAM AND 9 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (ELEMENTARY)
DEPARTMENT, DISPUR, GHY-6.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
Page No.# 5/7
DISPUR
GHY-6
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DHUBRI
PIN-783330
5:THE DEPUTY INSPECTOR OF SCHOOLS
DHUBRI
ASSAM
PIN-783330
6:THE TREASURY OFFICER
DHUBRI
ASSAM
PIN- 783330
7:THE BLOCK ELEMENTARY EDUCATION OFFICER
DHUBRI
DIST - DHUBRI
ASSAM
8:THE BLOCK ELEMENTARY EDUCATION OFFICER
GAURIPUR
DIST - DHUBRI
ASSAM
9:THE BLOCK ELEMENTARY EDUCATION OFFICER GOLAKGANJ
DIST - DHUBRI
ASSAM
10:THE BLOCK ELEMENTARY EDUCATION OFFICER
AGOMONI
DIST - DHUBRI
ASSA
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : SC, ELEM. EDU
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
30.09.2021
Heard Mr. J Ahmed, learned counsel for the petitioners, Mr. PN Sarma,
learned counsel for the respondents No. 1, 3, 4, 5, 7, 8, 9 and 10 being the
authorities under the Elementary Education Department of the Government of
Assam and Mr. A Chaliha, learned counsel for the respondents No. 2 and 6 being
the authorities under the Finance Department of the Government of Assam.
2. The petitioners/predecessor-in-interest of the petitioners herein earlier
served as Assistant Teachers/Hindi Teachers/Headmasters and Chowkidars
respectively in their respective schools, details of which has been provided in
the chart of paragraph 3 of the writ petition. The petitioners/predecessors-in-
interest of the petitioners earlier instituted writ petitions before this Court
claiming that they are entitled to leave encashment for earned leave up to a
maximum of 300 days, being 30 days per year.
3. By different judgments rendered in the respective writ petitions, it was
held that under the law laid down by this Court in Khagendra Nath Deka and
others -vs- State of Assam and others , reported in 2011 (5) GLT 9, it had
already been settled that even the employees of those establishments who have
the advantage of vacations, in other words, in common parlance called as
vacation departments are also entitled to a leave encashment up to a maximum
of 300 days.
4. The common grievance raised in this writ petition is that in spite of having
such orders in their favour, the authorities in the respondents are taking a view
that the petitioners/predecessor-in-interest of the petitioners having worked in a
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vacation department would be entitled to a maximum of 10 days of earned
leave per year.
5. The rejection of the claim of the petitioners by such stand, prima-facie
appears to be incorrect and contrary to the law laid down in Khagendra Nath
Deka and others -vs- State of Assam and others(Supra). More so, we also take
note that there are respective judgments of this Court in case of the
petitioners/predecessors-in-interest of the petitioners and therefore, it is
inappropriate for the department to take a contrary stand. This attitude can also
be construed to be a wilful and deliberate violation of the Court's order, which
would entail a contempt proceeding against them. But taking a lenient view, we
require the respondents to act in a more responsible manner and not to take
any stand which is contrary to the decision of the Court. All that the
respondents are required to do is to calculate as to how many days of earned
leave benefits they have already availed and the balance number of days, if any,
the petitioners are required to be paid. The requirements of the earlier orders
are to be done as provided in such orders without any delay.
The writ petition is disposed with the above observation.
JUDGE
Comparing Assistant
