Gauhati High Court
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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
Date : 12-05-2022
Heard Mr. R.A. Ahmed, learned counsel for the petitioners. Also heard Mr. S M T
Chistie, learned Standing counsel for the Secondary Education Department and Mr. A Chaliha,
learned Standing counsel appearing for the Finance Department, 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 LP Schools, in the
district of Goalpara respectively.
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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
No. employees with in Service & unutilized unutilized day limit leave already entitle to
Designation retirement leave earned leave earned (column encashment sanctioned
be column
in parent in Foreign 4+5) (in days) (in days)
a) Joining
[email protected] days service 30 7-8 (in
b)
per yr. w.ef. days per yr. days)
Retirement
15.06.95
1. Md. Sahrab Ali, Retd a) 01-02-1985 145 days 162 days 307 days 300 days 225 days 75 days
teacher, Dhupdhara b) 31-12-2017
Girls' High School
Ex BRC Co-ordinator
Dudhoni,
Edn. Block Dudhnoi,
Dist. -Goalpara
2. Abu Taleb, Retd a) 01-10-1983 160 days 162 days 322 days 300 days 222 days 78 days
Teacher Lakhipur HS b) 31-07-2019
School
Ex BRC Co-ordinator
Balijana & Lakhipur,
Edn. Block- Lakhipur,
Dist.-Goalpara
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 the petitioner no. 1 has received the salary
for the unutilized earned leave for 225 days and the petitioner no. 2 has received the salary
for the unutilized earned leave for 222 days as indicated in the table hereinabove.
6. As the law has been settled that the petitioners are entitled to the payment of salary for
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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.
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
