Petitioner, a retired Head Master, challenged grant of only 120 days leave encashment instead of 300 days. Court directed respondent to examine case and grant benefit follows earlier precedents.
Directed Director of Elementary Education to examine petitioner's case and grant leave encashment upto 300 days if eligible within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010022842021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/846/2021
NARESWAR BHARALI R/O VILLAGE KARANGA, PO PATRICHUK 787053, DIST LAKHIMPUR
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION, ASSAM, DISPUR GUWAHATI 6
KAHILIPARA GUWAHATI 19
REPRESEMTED BY THE COMMISSIONER AND SECRETARY
4:ACCOUNTANT GENERAL
MAIDAMGAON BELTOLA GHY 29
5:INSPECTOR OF SCHOOLS DHOKUAKHANA LAKHIMPUR 78700
Advocate for the Petitioner : MR MINTU SAIKIA
Advocate for the Respondent : SC, EDU
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 17-03-2021
Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondents. 1, 2 and 5 being the authorities under the Elementary Education Department, Mr. B. Deori, learned counsel for the respondent no. 4 being the authorities under the Finance Department and Mr. R. Ahmed, learned counsel for the respondent no. 4 being the Account General.
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petitioner by passing a speaking order.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the retired Head Master is entitled to leave encashment for unutilized earned leave upto maximum of 300 days.
Whether the decision in WP(C)No.9851/2003 applies to the petitioner.
Colour shows how this judgement treated each authority
Khagendra Nath Deka and others Vs. State of Assam and OthersAffirmed¶24
Khagendra Nath Deka and others Vs. State of Assam and Others
WP(C) No.6525/2017Referred¶25
2 provisions across 2 enactments
NARESWAR BHARALI
THE STATE OF ASSAM
COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION, ASSAM
DIRECTOR OF ELEMENTARY EDUCATION
FINANCE DEPARTMENT
ACCOUNTANT GENERAL
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
