Partly allowed

Md. Saifat Ali v. the State of Assam and 4 Ors.

Gauhati HC12 Mar 2021WP(C)/1629/2021

Case brief

AI extract

What is this about?

A retired Head Teacher from Morigaon district sought leave encashment for 97 days. The Court directed the Director of Elementary Education to examine eligibility and grant the encashment if the petitioner met the 300-day limit established by precedent.

What did the court decide?

Direction to Respondent No. 3 to examine the petitioner's case and grant leave encashment up to 300 days if entitled, within three months.

Md. Saifat Ali Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010042952021

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

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Case No. : WP(C)/1629/2021

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MD. SAIFAT ALI

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S/O LATE JUBED ALI, RETIRED H/P OF KALMOWBARI NAMABASTI L.P. SCHOOL, PERMANENT R/O VILL. KALMOUBARI NAMABASTI, P.O. SUKDAL, SARUBORI, DIST. MORIGAON, ASSAM, PIN 782104

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF FINANCE, DISPUR, GUWAHATI 781006

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2:THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTARY EDUCATION DISPUR GUWAHATI 781006

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3:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA

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GUWAHATI 781019

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4:DEPUTY INSPECTOR OF SCHOOL (D.I.) MORIGAON.

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5:DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX LAST GATE DISPUR GUWAHATI 78100

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Advocate for the Petitioner : MR. N ISLAM

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Page No.# 2/3

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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12.03.2021

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Heard Mr. N Islam, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned Standing counsel, Elementary Education Department, Mr. A Chaliha, learned Standing counsel, Finance Department and Mr. SR Barua, learned counsel for the respondent No.5.

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The petitioner was a retired Head Teacher of Kalmowbari Namabasti LP School, in the district of Morigaon, who had retired from service on 31.10.2016. He was granted all other retirement benefits except the leave encashment which was granted for 213 days instead of the maximum period of 300 days.

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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.

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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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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.

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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.

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Page No.# 3/3

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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.

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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.

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In terms of the above, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Md. Saifat Ali v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Md. Saifat Ali v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

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