Kusum Kumari Bora vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1923 Gua

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GAHC010074402022




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

                                 Case No. : WP(C)/3580/2022

            KUSUM KUMARI BORA
            R/O- MORIKOLONG, P.O. NAGAON, P.S. NAGAON SADAR, DIST. NAGAON,
            PIN- 782001.



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED BY COMMISSIONER AND SECRETARY, SECONDARY
            EDUCATION, ASSAM, DISPUR, GUWAHATI-06.

            2:DIRECTOR OF ELEMENTARY EDUCATION
             KAHILIPARA
             GUWAHATI-19.

            3:FINANCE DEPARTMENT
             REPRESENTED BY COMMISSIONER AND SECERTARY.

            4:ACCOUNT GENERAL
             MAIDAMGAON
             BELTOLA
             GUWAHATI-781029.

            5:DEPUTY INSPECTOR OF SCHOOL
             NAGAON
             PIN- 782001

Advocate for the Petitioner   : MR MINTU SAIKIA

Advocate for the Respondent : SC, EDU
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                          BEFORE
     HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                    ORDER

01.06.2022

Heard Mr. Mintu Saikia, learned counsel for the petitioner. Also heard Mr. PN Sarma, learned counsel for the respondent No.2 and 5 being the authorities under the Elementary Education Department, Government of Assam, Mr. B Gogoi, learned counsel for the respondent No.3 being the authorities under the Finance Department, Government of Assam and Mr. SK Medhi, learned counsel for the respondent No.4 being the Accountant General, Assam.

2. The petitioner was an Assistant Teacher of 45 No. Katanigaon MKB School in the district of Nagaon, who had retired from service on 31.01.2018. She was granted all other retirement benefits except the leave encashment which was granted for 231 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.

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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.

7. In view of the aforesaid consensus, this writ petition is disposed of by directing the respondent No.2 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 Page No.# 4/4

Comparing Assistant