Allowed

Md. Sahrab Ali and Anr. v. the State of Assam and 7 Ors.

Gauhati HC12 May 2022WP(C)/1303/2022

Case brief

AI extract

What is this about?

Retired teachers filed this writ petition claiming payment for unutilized earned leave balance. The Court relied on settled law entitling employees to 300 days maximum. It directed the State to calculate and pay the balance salary within three months.

What did the court decide?

petitioners directed entitled to salary for balance unutilized earned leave up to 300 days.

Md. Sahrab Ali and Anr. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010034962022

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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)/1303/2022

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MD. SAHRAB ALI AND ANR S/O- LATE SAFIRUDDIN AHMED, VILL.- DHUPDHARA PT-I, P.O. DHUPDHARA, DIST. GOALPARA, ASSAM, PIN- 783123, EX. BRCC- DUDNOI, EDN. BLOCK- DUDNOI, RETD. SCHOOL. DHUPDHARA GIRLS H.S., DATE OF JOINING- 01-02-1985, DATE OF RETD. 31-12-2017.

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2: ABU TALEB S/O- LATE FOZOR UDDIN VILL.- KATLITARI P.O. AMBARI BAZAR P.S. BAGUAN DIST. GOLAPARA ASSAM PIN- 783129 EX. BRCC- BALIJANA AND LAKHIPUR EDN. BLOCK- LAKHIPUR RETD. SCHOOL- LAKHIPUR H.S. SCHOOL DATE OF JOINING- 01-08-1983 DOR- 31-07-2019

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VERSUS

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THE STATE OF ASSAM AND 7 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI- 781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (ESTT.-A) DEPARTMENT DISPUR GUWAHATI-781006.

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3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM

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KAHILIPARA GUWAHATI-781019.

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4:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 5:THE MISSION DIRECTOR SARBA SHIKSHA ABHIJAN MISSION ASSAM KAHILIPARA GUWAHATI-19.

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6:THE DISTRICT MISSION CO-ORDINATOR SSA GOALPARA PIN- 783101. 7:THE INSPECTOR OF SCHOOLS GOALPARA PIN- 783101. 8:THE PRINCIPAL OF RESPECTIVE HIGH SCHOOLS GOALPARA-783101

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Advocate for the Petitioner : MR. N AHMED

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Advocate for the Respondent : SC, EDU

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BEFORE

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HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 12-05-2022

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Heard Mr. R.A. Ahmed, learned counsel for the petitioners. Also heard Mr. S M T Chistie, learned Standing counsel for the Secondary Education Department and Mr. A Chaliha, learned Standing counsel appearing for the Finance Department, Assam.

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The petitioners are all retired employees of the State Government in the Education Department, who were serving as Teachers and Head Teachers in different LP Schools, in the district of Goalpara respectively.

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The details of the engagement of the petitioners and their dates of retirement, as well as the details of the payments received by them towards the unutilized earned leave are as

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follows:-

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Sl. No.	Name of Retd./Death employees with Designation	Date of Joining in Service & retirement a) Joining b) Retirement	Total unutilized leave earned in parent Dept@10 days per yr. w.ef. 15.06.95	Total unutilized leave earned in Foreign service 30 days per yr.	Total in day (column 4+5)	Maximum limit leave encashment (in days)	Total already sanctioned (in days)	Balance entitle to be column 7-8 (in days)
1	2	3	4	5	6	7	8	9
1.	Md. Sahrab Ali, Retd	a) 01-02-1985	145 days	162 days	307 days	300 days	225 days	75 days
	teacher, Dhupdhara Girls’ High School Ex BRC Co-ordinator Dudhoni, Edn. Block Dudhnoi, Dist. -Goalpara	b) 31-12-2017
2.	Abu Taleb, Retd	a) 01-10-1983	160 days	162 days	322 days	300 days	222 days	78 days
	Teacher Lakhipur HS School Ex BRC Co-ordinator Balijana & Lakhipur, Edn. Block- Lakhipur, Dist.-Goalpara	b)31-07-2019

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In this writ petition, the petitioners claim the balance of the unpaid salary for the unutilized earned leave, which were not paid to them in course of their employment. Entitlement of unutilized earned leave up to a maximum period of 300 days, even in the Vacation Departments of the Govt. of Assam, has been settled by this Court in Khagendra Nath Deka and Ors., – Vs - State of Assam reported in 2011 (5) GLT 9 . In the said judgment, it has been held that all such employees even in the vacation Departments are entitled to payment of salary for the unutilized earned leave upto a maximum period of 300 days.

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In the instant case, the petitioners state that the petitioner no. 1 has received the salary for the unutilized earned leave for 225 days and the petitioner no. 2 has received the salary for the unutilized earned leave for 222 days as indicated in the table hereinabove.

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As the law has been settled that the petitioners are entitled to the payment of salary for

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the unutilized earned leave upto a maximum period of 300 days, therefore, this Court is of the view that the petitioners are entitled to the payment of their salaries of the unutilized earned leave for the balance period up to 300 days by deducting the number of days for which they have already received payment.

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Accordingly, the State respondents are directed to examine the individual cases of the petitioners and arrive at a conclusion as to what is the balance period for which they are required to be paid the salary towards unutilized earned leave.

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The aforesaid exercise shall be completed within a period of 3(three) months from the date of receipt of a certified copy of this order and upon arriving at a conclusion, the salaries be paid to the petitioners within a period of another 3(three) months thereafter.

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

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JUDGE

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Comparing Assistant

Md. Sahrab Ali and Anr. v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Md. Sahrab Ali and Anr. v. the State of Assam and 7 Ors.

Case brief

What is this about?

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