Gauhati High Court
The Dima Hasao M.E.S. Teachers' ... vs The State Of Assam And 8 Ors on 29 November, 2019
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010022032015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5917/2015
1:THE DIMA HASAO M.E.S. TEACHERS' ASSOCIATION
HAFLONG, REP. BY ITS SECY., SRI PANKAJ PURKAYASTHA, THE
HEADMASTER AT THE THONGNOKBE M.E. SCHOOL, VILL.- LANGMEKLU,
P.O.- UMRONGSO, PIN- 788931, DIST.- DIMA HASAO, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 8 ORS
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY- 6.
2:THE SECY. AND COMMISSIONER TO THE GOVT. OF ASSAM
EDUCATION DEPTT.
DISPUR
GHY- 6.
3:THE SECY. AND COMMISSIONER
GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY- 6.
4:THE STATE OF ASSAM
REP. BY THE DY. SECY. TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPTT.
DISPUR
GHY- 6.
5:THE DY. ACCOUNTANT GENERAL
OFFICE OF THE ACCOUNTANT GENERAL AUDIT
ASSAM
MAIDAMGAON
BELTOLA
GHY- 29.
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6:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY- 19.
7:THE INSPECTOR OF SCHOOLS
DIMA HASAO DIST.
HAFLONG.
8:THE DY. INSPECTOR OF SCHOOLS
DIMA HASAO DIST.
HAFLONG.
9:THE PRINCIPAL SECY.
DIMA HASAO AUTONOMOUS COUNCIL
HAFLONG
Advocate for the Petitioner : MR.D BHUYAN
Advocate for the Respondent : SC, AG
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 29-11-2019 Heard Ms. P. Barman, learned counsel for the petitioner and Ms. A. Neog, learned Standing Counsel, Dima Hasao.
Relevant portion of the order dated 02.07.2015, which is challenged in this writ petition, reads as follows:-
"With reference to the subject cited above, I have the honour to inform you that the Earned Leave of the Headmaster and Peon-cum-Chowkidar of the upper primary schools will be entitled to get 10 days annually instead of 30 days annually being entitled though you are not availing summer vacation holidays since 23.07.1977 not only that but also as per FR 82 under Note 3, the teachers of the Government Primary Schools which do not enjoy a continuous vacation of a month in the year should not be regarded as belonging to a vacation department and on the other hand, this has the prior orders of restriction to leave the station during vacation of the Inspector of Page No.# 3/3 Schools, NC Hills District Circle, Haflong issued his letter No.E-23/77/9930-80, dtd 23.07.77 to the Headmaster concerned. Beyond this, the Audit personnel and the Government has raised their objection over the above stated matters vide their letter No. under reference.
So, finding no alternative, I am directed to inform you all that now henceforth, Headmasters and Peon cum Chowkidars will be entitled to 10 days earned leave annually like an Assistant Teacher (under vacation department) but not 30 days annually till the Audit objection over the matter is settled/finalized."
From the above, it is clear that petitioner is seeking 30 days of earned leave instead of 10 days which had been admitted by the Deputy Inspector of Schools, Dima Hasao. The impugned order clearly mentions that Headmasters, and Peon-cum-Chowkidars are entitled to 10 days earned leave annually like the Assistant Teachers under the Vacation Department till audit objection over the matter is finalized. In other words, the aforesaid arrangement is merely a temporary measure till the same is finalized.
Since the matter has been pending since 2015 as indicated in the impugned order, authorities will finalize as regards the claim of earned leave within a period of three months and pass appropriate orders as regards entitlement of the earned leave period. It goes without saying that if the petitioner is aggrieved by the final order that may be passed, petitioner will be at liberty to approach the competent authority.
Writ petition is accordingly disposed of.
JUDGE Comparing Assistant