Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 7 Ors on 23 February, 2022
Page No.# 1/5
GAHC010034962022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1303/2022
MD. SAHRAB ALI AND ANR
S/O- LATE SAFIRUDDIN AHMED, VILL.- DHUPDHARA PT-I, P.O.
DHUPDHARA, DIST. GOALPARA, ASSAM, PIN- 783123, EX. BRCC- DUDNOI,
EDN. BLOCK- DUDNOI, RETD. SCHOOL. DHUPDHARA GIRLS H.S., DATE
OF JOINING- 01-02-1985, DATE OF RETD. 31-12-2017.
2: ABU TALEB
S/O- LATE FOZOR UDDIN
VILL.- KATLITARI
P.O. AMBARI BAZAR
P.S. BAGUAN
DIST. GOLAPARA
ASSAM
PIN- 783129
EX. BRCC- BALIJANA AND LAKHIPUR
EDN. BLOCK- LAKHIPUR
RETD. SCHOOL- LAKHIPUR H.S. SCHOOL
DATE OF JOINING- 01-08-1983
DOR- 31-07-2019
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE (ESTT.-A) DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
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KAHILIPARA
GUWAHATI-781019.
4:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-781019.
5:THE MISSION DIRECTOR
SARBA SHIKSHA ABHIJAN MISSION
ASSAM
KAHILIPARA
GUWAHATI-19.
6:THE DISTRICT MISSION CO-ORDINATOR
SSA
GOALPARA
PIN- 783101.
7:THE INSPECTOR OF SCHOOLS
GOALPARA
PIN- 783101.
8:THE PRINCIPAL OF RESPECTIVE HIGH SCHOOLS
GOALPARA-783101
Advocate for the Petitioner : MR. N AHMED
Advocate for the Respondent : SC, EDU
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
23.02.2022
Heard Mr. R.A. Ahmed, learned counsel for the petitioners. Also heard Mr.
SMT Chistie, learned Standing counsel for the Secondary Education Department,
Government of Assam and Mr. B Gogoi, learned Standing counsel, Finance
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Department as well as SSA, Assam.
2. The petitioners are all retired employees of the State Government in the
Education Department, who were serving as Teachers and Head Teachers in
different High Schools in the district of Goalpara.
3. The details of the engagement of the petitioners and their dates of
retirement, as well as the details of the payments received by them towards the
unutilized earned leave are as follows:-
Sl. Name of Retd./Death Date of Joining Total Total Total in Maximum Total Balance
employees with in Service & unutilized unutilized day limit leave already entitled to
No Designation retirement leave earned leave (column encashment sanctioned be
. in parent earned in 4+5) (in days) (in days) sanctioned,
[email protected] Foreign column 7-8
a)Joining
days per yr. service 30 (in days)
days per
b)Retirement yr.
w.e.f.
15.06.95
Md. Sahrab Ali, Retd a) 01-02-1985 145 days 162 days 307 days 300 days 255 days 75 days
Teacher, Dhupdhara
Girl's High School b) 31-12-2017
1. Ex BRC Co-ordinator
Dudhnoi,
Edn. Block Dudhnoi,
Dist.- Goalpara
Abu Taleb, Retd a) 01-10-1983 160 days 162 days 322 days 300 days 222 days 78 days
Teacher Lakhipur HS
School b) 31-07-2019
Ex BRC Co-ordinator
2. Balijana & Lakhipur,
Edn. Block- Lakhipur,
Dist.- Goalpara.
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4. In this writ petition, the petitioners claim the balance of the unpaid salary
for the unutilized earned leave, which were not paid to them in course of their
employment. Entitlement of unutilized earned leave up to a maximum period of
300 days, even in the Vacation Departments of the Govt. of Assam, has been
settled by this Court in Khagendra Nath Deka and Ors., Vs. State of Assam
reported in 2011 (5) GLT 9. In the said judgment, it has been held that all such
employees even in the vacation Departments are entitled to payment of salary
for the unutilized earned leave upto a maximum period of 300 days.
5. In the instant case, the petitioners state that they have received the salary
for the unutilized earned leave for various periods ranging between 222 days to
255 days, as indicated in the table hereinabove. However, during the service
tenure, the petitioners were also sent on deputation to the SSA, Assam.
6. As the law has been settled that the petitioners are entitled to the
payment of salary for the unutilized earned leave upto a maximum period of
300 days, therefore, this Court is of the view that the petitioners are entitled to
the payment of their salaries of the unutilized earned leave for the balance
period up to 300 days by deducting the number of days for which they have
already received payment.
7. Accordingly, the State respondents are directed to examine the individual
cases of the petitioners and arrive at a conclusion as to what is the balance
period for which they are required to be paid the salary towards unutilized
earned leave.
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8. The aforesaid exercise shall be completed within a period of 3(three)
months from the date of receipt of a certified copy of this order and upon
arriving at a conclusion, the salaries be paid to the petitioners within a period of
another 3(three) months thereafter.
9. In terms of the above, this writ petition stands allowed.
JUDGE
Comparing Assistant
