Disposed

Muksudur Rahman v. the State of Assam and 4 Ors.

Gauhati HC1 Feb 2021WP(C)/374/2021

Case brief

AI extract

What is this about?

A retired school headmaster approached the court claiming leave encashment benefit for 90 unearned days beyond the 210 paid. Citing precedent, the court directed the State to examine entitlement for the full 300 days and grant the balance if eligible, deducting what was already paid.

What did the court decide?

Petitioner directed to obtain acknowledgement and submit representation to Director of Elementary Education within 18 days; Director to grant leave encashment within 3 months if entitled for 300 days,

Muksudur Rahman 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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GAHC010011872021

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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)/374/2021

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MUKSUDUR RAHMAN S/O LATE JALAL UDDIN AMED

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RETIRED HEADMASTER OF NO. 2 PUB GOROIMARI NON LKP SCHOOL, PERMANENT RESIDENT OF VILLAGE AND PO BORTHAL ,DOLOIGAON, DIST MORIGAON, ASSAM

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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 SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF FINANCE, DISPUR GUWAHATI 781006

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2:THE COMMISSIONER AND SECRETRY DEPARTMENT OF ELEMENTARY EDUCATION

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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:THE DEPUTY INSPECTOR (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 Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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01-02-2021

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Heard Mr. N. Islam, learned counsel for the petitioner and Mr. A. Phukan, learned Standing counsel, Elementary Education Department for the respondent Nos. 2, 3 and 4. Also heard Mr. S. R. Baruah, learned Government Advocate, Assam for the respondent No.5 and Mr. B. Gogoi, learned Standing counsel, Finance Department for the respondent No. 1.

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Petitioner retired from service as Headmaster of No.2 Goroimari Non K L.P. School on 31.05.2016 on attaining the age of superannuation at 60 years.

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It is stated by the petitioner that on his retirement while the respondents have paid the retirement benefits to him, he was paid leave encashment benefit for 210 days only instead of maximum period of 300 days. Hence, this writ petition by the petitioner claiming leave encashment benefit for the balance 90 days out of the permissible limit of 300 days.

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This Court in the case of Khagendranath Deka & Ors.-vs- State of Assam & Ors. [WP(C) No. 9851/2003], reported in 2011 (5) GLT 9 have held that leave encashment benefit is available in the account of teachers of provincialized schools upto the maximum period of 300 days. Pursuant to the same, the State Government in the Finance Department has also issued necessary Notifications amending the relevant provisions.

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After hearing the learned counsels for the parties and considering the entire aspect of the matter, this writ petition is disposed of at the motion stage itself directing the respondents, more particularly, the Director of Elementary Education, Assam as well as the Finance Department of the State and also the Director of Pension, Assam to examine the case of the petitioner with regard to his entitlement for leave encashment benefit as prayed for and if on such examination it is found that he is entitled for such leave encashment benefit for the unutilized earned leave upto the maximum period of 300 days, the same shall be granted to him by passing a speaking order deducting the amount already paid to him for the period of 210 days, as noted above.

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The petitioner shall submit a representation along with a certified copy of this order

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before the Director of Elementary Education, Assam on or before 18.02.2021 obtaining necessary acknowledgement in that regard. Thereafter, the Director of Elementary Education, Assam shall do the needful in compliance of this order within a period of 3(three) months from the date of receipt of such representation along with the certified copy of this order to be furnished by the petitioner.

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With the above observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Muksudur Rahman v. the State of Assam and 4 Ors.

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Muksudur Rahman v. the State of Assam and 4 Ors.

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