Gauhati High Court
Md. Abdul Malik vs The State Of Assam And 4 Ors on 5 March, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/3
GAHC010037922021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1405/2021
MD. ABDUL MALIK
S/O LATE ASHAN ALI
RETIRED HEADTEACHER OF BORCHAKABAHA L.P SCHOOL, PERMANENT
RESIDENT OF SARUCHAKABAHA, PO TOKUNABORI, PS MIKIRBHETA,
DIST MORIGAON, ASSAM 782104
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, DEPARTMENT OF FINANCE, DISPUR GUWAHATI 781006
2:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF ELEMENTARY EDUCATION
DISPUR GUWAHATI 781006
3:THE DIRECTOR OF ELEMENTARY EDUCATION
KAHILIPARA
GUWAHATI 781019
4:THE DEPUTY INSPECTOR (D.I)
MORIGAON
5:DIRECTOR OF PENSION
ASSAM HOUSEFED COMPLEX
LAST GATE
DISPUR GUWAHATI 78100
Advocate for the Petitioner : MR. N ISLAM
Page No.# 2/3
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
05.03.2021 Heard Mr. N Islam, learned counsel for the petitioner. Also heard Ms. N Phukan learned counsel for the Elementary Education Department and Mr. A Chaliha, learned Standing counsel, Finance Department and Mr. SR Barua, learned counsel for the Pension Department, Government of Assam.
2. The petitioner was a retired Head Teacher of Borchakabaha LP School in the district of Morigaon, who had retired from service on 28.02.2018. He was granted all other retirement benefits except the leave encashment which was granted for 189 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.
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. One such order dated 01.11.2017 in WP(C)No.6525/2017 has also been annexed to this writ petition.
6. The learned counsel for the parties including that of the respondents agree that the grievance Page No.# 3/3 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.3 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 Comparing Assistant