Page No.# 1/3 vs The State Of Assam And 4 Ors
2022 Latest Caselaw 23 Gua

                                                             Page No.# 1/3

GAHC010011222018




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

                            Case No. : WP(C)/620/2018

         NARENDRA PRATAP SINGH AND 4 ORS
         S/O LT. VISHWANATH SINGH
         RETIRED PROFESSOR,
         KOKRAJHAR,
         GOVERNMENT COLLEGE, (PREVIOUSLY KOKRAJHAR COLLEGE), P.O.
         AND DIST. KOKRAJAHR, ASSAM

         2: SRI RADHENDU RAI CHOUDHURY
          S/O LT. RANENDRA RAI CHOUDHURY
         RETIRED LECTURER
          KOKRAJHAR
          GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE)

          P.O. AND DIST. KOKRAJHAR
          ASSAM

         3: SRI BIRENDRA KUMAR BRAHMA
          S/O LT. RAMAN SINGH BRAHMA
         RETIRED HEAD OF THE DEPARTMENT

         DEPARTMENT OF BOTANY
         KOKRAJHAR GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE)
         P.O. AND DIST. KOKRAJHAR
         ASSAM

         4: SRI SURATH NARZARY
          S/O LT. PATHAK CHANDRA NARZARY
         RETIRED PRINCIPAL
          KOKRAJHAR GOVT. COLLEGE (PREVIOUSLY KOKRAJHAR COLLEGE)

          P.O. AND DIST. KOKRAJHAR
          ASSAM

         5: SMT. BELA DAS
                                                                   Page No.# 2/3

            W/O LT. S.C. DAS
            RETIRED HEAD OF THE DEPARTMENT
            DEPARTMENT OF CHEMISTRY
            KOKRAJHAR GOVT. COLLEGE
            (PREVIOUSLY KOKRAJHAR COLLEGE
            P.O. AND DIST. KOKRAJHAR
            ASSAM

            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
            EDUCATION (HIGHER) DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6.

            2:THE DIRECTOR OF HIGHER EDUCATION

             ASSAM
             KAHILIPARA
             GUWAHATI -19.

            3:THE ACCOUNTANT GENERAL (A AND E)
            ASSAM

            4:THE DIRECTOR OF PENSION

             GOVT. OF ASSAM

            5:THE PRINCIPAL KOKRAJHAR GOVT. COLLEGE

             KOKRAJHAR
             P.O.
             P.S. AND DIST. KOKRAJHAR
             ASSA

Advocate for the Petitioner   : MR. M U MAHMUD

Advocate for the Respondent : GA, ASSAM




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 03/01/2022

Mr. K. Gogoi, learned counsel for the respondents in the Higher Page No.# 3/3

Education Department prays for an adjournment to produce the relevant materials to show that the entitlement of gratuity of the petitioners is Rs.72,000/- each.

As regards non-payment of leave encashment of maximum 300 days, Mr. K. Gogoi, learned counsel for the Higher Education Department refers to an office order dated 27.07.2013 of the Commissioner & Secretary to the Govt. of Assam in the Higher Education Department which provides that only those employees who worked during the vacation would be categorized to be non-vacation employee for the purpose of leave encashment.

Mr. M.U. Mahmud, learned counsel for the petitioner on the other hand submits that there is a judgment which provides to the contrary being Khagendra Nath Deka and Ors. -vs- State of Assam and Ors. reported in 2011 (5) GLT 9

List for further consideration after two weeks.

JUDGE

Comparing Assistant