Disposed

Baharun Nahar v. the State of Assam and 4 Ors.

Gauhati HC3 Feb 2021WP(C)/531/2021

Case brief

AI extract

What is this about?

Petitioner sought additional leave encashment benefit for unutilized earned leave beyond 213 days paid. Court relied on precedent allowing up to 300 days for teachers and directed concerned departments to examine entitlement and grant balance if due.

What did the court decide?

Directing respondents to examine petitioner's entitlement and grant leave encashment for 87 days if found due, by deducting amount already paid for 213 days.

Baharun Nahar Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010011692021

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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)/531/2021

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BAHARUN NAHAR

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W/O LATE SULEMAN ALI

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D/O LATE ABDUL MANNAN, ASSTT TEACHER OF BHAKUAMARI ME SCHOOL, PERMANANENT RESIDENT OF VILLAGE TENGAGURI, PO TENGAGURI, 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 SECRETARY DEPARTMENT OF ELEMENTARY EDUCATION DISPUR GUWAHATI 781006

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3:THE DIRECTOR OF ELEMENTARY EDUCATION

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KAHILIPARA

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GUWAHATI 781019

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4: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

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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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03.02.2021

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

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Petitioner’s husband was appointed as an Assistant Teacher in Bhakuamari M.E. School, District Morigaon and retired from service on 24.11.2016 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, she was paid leave encashment benefit for 213 days only instead of maximum period of 300 days. Hence, this writ petition by the petitioner claiming leave encashment benefit for the balance 87 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 her entitlement for leave encashment benefit as prayed for and if on such examination it is found that she 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 her by passing a speaking order deducting the amount already paid to him for the

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period of 213 days, as noted above.

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The petitioner shall submit a representation along with a certified copy of this order before the Director of Elementary Education, Assam on or before 20.02.2021 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

Baharun Nahar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Baharun Nahar v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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