Page No.# 1/4 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 7142 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 3 Ors on 9 September, 2025

                                                                 Page No.# 1/4

GAHC010167862025




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

                         Case No. : WP(C)/4383/2025

         ABDUR RASHID AND ANR
         RETIRED ASSISTANT TEACHER OF JAMBARI HIGH MADRASSA, SON OF
         LATE OSMAN ALI, R/O- VILL.- CHOTO UDMARI, P.O. JALESWAR, P.S.
         LAKHIPUR, DIST. DHUBRI, ASSAM, PIN- 783132.

         2: FOZOR ALI
          RETIRED ASSISTANT TEACHER OF JAMBARI HIGH MADRASSA
          SON OF LATE MEGHA SK
          R/O- VILL.- JAMBARI
          P.O. MEDORTARI
          P.S. FAKIRGANJ
          DIST. DHUBRI
         ASSAM
          PIN- 783330

         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         DEPARTMENT OF SCHOOL EDUCATION (SECONDARY) DEPARTMENT,
         DISPUR, GUWAHATI-06.

         2:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19.

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06.

         4:THE INSPECTOR OF SCHOOLS
          DHUBRI DISTRICT CIRCLE
                                                                       Page No.# 2/4

             DHUBRI
             ASSAM
             PIN- 781335

Advocate for the Petitioner   : MR. A F N U MOLLAH, K ZAMAN,R AMIN

Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN
                                   ORDER

09.09.2025

Heard Mr. A.F.N.U. Mollah, learned counsel for the petitioners; Mr. R. Borpujari, learned standing counsel for the Finance Department; and Ms. P. Das, learned standing counsel for the Secondary Education Department.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has prayed for issuing direction to the respondent authorities to pay his earned leave salary for the period of 300 days, similar to the employees of non-vacation department, by deducting the amount already paid to him in terms of the judgment and order dated 02.06.2011, passed in W.P.(C) No. 9851/2003 and the Office Memorandum dated 03.03.2012, issued by the Finance Department.

3. The undisputed facts, leading to filing of the present petition, are briefly stated as under:-

"The petitioner No. 1, namely Abdur Rashid and petitioner No. 2, namely

Fozor Ali retired as Assistant Teachers of Jambari High Madrassa, Dhubri. After retirement, the petitioner No. 1 has been given leave encashment of 230 days only and the petitioner No. 2 has been given leave encashment Page No.# 3/4

only for 227 days, instead of 300 days.

But, in view of the judgment and order, dated 02.06.2011, passed in W.P.(C) No. 9851/2003 and also in view of the O.M. dated 03.03.2012, issued by the Finance Department to the Government of Assam, the petitioners are entitled to leave encashment benefit to the extent of 300 days, as given to other employees of non-vacation department. But, the same has not been considered in the case of the present petitioners and being aggrieved, the petitioners have approached this court by filing the present petition seeking the relief mentioned herein above."

4. Though this matter is listed under the column of 'For Referral to the Special Mediation Drive-Mediation for the Nation', Mr. Mollah, learned counsel for the petitioners, submits that no purpose will be served by referring the matter to the mediation as the matter involves requirement of verification of documents only.

4.1. Further submission of Mr. Mollah is that a Coordinate Bench of this Court had already disposed of a connected writ petition, being W.P.(C) No. 4475/2025, vide order dated 08.08.2025, by directing the respondent authorities, especially the respondent Nos. 2 & 4, to carry out necessary verification in respect of the petitioner therein and thereafter, to pay leave encashment of un-utilized earned leave, up-to maximum limit of 300 days, minus the benefit already availed by him.

4.2. It is further submitted by Mr. Mollah that this writ petition may be disposed of by granting similar relief to the present petitioners also.

5. On the other hand, Mr. Borpujari, learned standing counsel for the Finance Department and Ms. Das, learned standing counsel for the Secondary Education Page No.# 4/4

Department submit that they have no objection in the event of disposing of this petition by directing the respondent Nos. 2 & 4 to carry out the verification in respect of the petitioners and thereafter, to pay leave encashment of un-utilized earned leave up-to maximum limit of 300 days, minus the benefit already paid to them.

6. Taking note of the submissions of learned counsel for both the parties and also considering the facts and circumstances on the record, this court is inclined to dispose of this petition by directing the respondent Nos. 2 & 4, to carry out necessary verification in respect of both the petitioners and thereafter, they shall be paid leave encashment up-to 300 days, minus the benefit already paid to them.

7. The aforesaid exercise has to be carried out within a period of 3 (three) months from the date of receipt of the certified copy of this order.

8. The petitioners shall obtain a certified copy of this order and place the same before the respondent Nos. 2 & 4 within a period of 1 (one) week from today. Further, the petitioner shall also furnish a copy of the writ petition and the annexures enclosed therewith, to the authorities.

JUDGE Comparing Assistant