Disposed

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

Gauhati HC10 Feb 2021WP(C)/700/2021

Case brief

AI extract

What is this about?

The Ghauati High Court disposed of a writ petition filed by a retired headmaster seeking leave encashment benefit. The court directed relevant departments to examine the petitioner's entitlement for the maximum 300 days and grant the benefit if eligible, deducting the already paid amount for 210 days.

What did the court decide?

Petitioner directed to submit fresh representation before Director of Elementary Education, Assam; respondents directed to examine entitlement for 300 days leave encashment benefit and grant same, ded

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

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GAHC010018712021

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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)/700/2021

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MD. HASSAIN ALI S/O LATE TONI SHEIKH

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RETIRED HEADMASTER, DHUBANGKHAITY ME SCHOOL, PERMANENT RESIDNET OF VILLAGE BHUYANBARI PATHER, PO SATIANTOLI DIST MORIGAON ASSAM 782127

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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

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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 (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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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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10-02-2021

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Heard Ms. TH. A. Devi, learned counsel for the petitioner and Mr. R. Barpujari, learned Standing counsel, Finance Department for the respondent No. 1. Also heard Mr. B. Kaushik, learned Standing counsel, Elementary Education Department for the respondent Nos. 2 to 4 and Mr. S. R. Baruah, learned Government Advocate, Assam for the respondent No. 5.

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Petitioner was the Headmaster of Dhubangkhaity M.E. School, district Morigaon, a provincialised school of the State and he retired from service on 30.06.2016 on attaining the age of superannuation. On his retirement, the respondent in the Elementary Education Department has given leave encashment benefit for 210 days though he is entitled for such benefit for maximum period of 300 days.

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This Court in the case of Khagendranath Deka & Others -Vs- State of Assam & Others [WP(C)No. 9851 of 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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Petitioner has also filed representations before the Director of Elementary Education, Assam on 03.04.2018 (Annexure-C) with regard to his leave encashment benefit, which is yet to be disposed of.

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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, 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 fresh representation along with a certified copy of this order

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before the Director of Elementary Education, Assam on or before 25.02.2021 obtaining necessary acknowledgment from him in that regard.

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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

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

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

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