Disposed

Tarani Kt Roy v. the State of Assam and 6 Ors.

Gauhati HC11 May 2022WP(C)/2186/2022

Case brief

AI extract

What is this about?

A retired Head Teacher sought leave encashment for her husband up to 300 days. The Court, noting settled law and party consensus, directed the Director of Elementary Education to examine the case and grant the benefit if eligible, passing a speaking order within three months.

What did the court decide?

Direction to respondent No.3 to examine the case and grant leave encashment up to 300 days if eligible, passing a speaking order within three months.

Tarani Kt Roy Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010055842022

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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)/2186/2022

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TARANI KT ROY RTD.H/T 674 NO. KHALISANIMARI L.P. SCHOOL, S/O. LT. HRISHIKESH ROY, VILL. PUTIMARI, P.O. KARTIMARI, DIST. KOKRAJHAR, BTR, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISUR, GUWAHATI-06.

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2:THE BODOLAND TERRITORIAL COUNCIL

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REP. BY ITS SECRETARY DEPTT. OF EDUCATION BODOLAND NWGWER KOKRAJHAR (BTR) ASSAM PIN-783370. 3:THE DIRECTOR OF ELEMENTARY EDUCATION

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KAHILIPARA ROAD GUWAHATI-19 ASSAM PIN-781019.

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4:THE DIRECTOR OF PENSION

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ASSAM HOUSE FED COMPLEX GUWAHATI-06.

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Page No.# 2/4

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER KOKRAJHAR (BTR) ASSAM PIN-783370. 6:THE ACCOUNTANT GENERAL (A AND E) ASSAM MAIDAMGAON BELTOLA GUWAHATI-29 ASSAM. 7:THE DEPUTY INSPECTOR OF SCHOOLS GOSSAIGAON KOKRAJHAR (BTR) ASSAM PIN-783360

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Advocate for the Petitioner : MR. I A TALUKDAR

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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11.05.2022

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Heard Mr. IA Talukdar, learned counsel for the petitioner. Also heard Mr. PN Sarma, learned Standing counsel, Elementary Education Department, Government of Assam, Ms. DD Barman, learned Additional Senior Government Advocate, Assam, Mr. R Ahmed, learned counsel for the Accountant General, Assam and Mr. SR Rabha, learned counsel for the authorities under the BTC.

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The petitioner was a retired Head Teacher of No.674 No. Khalisnimari LP School in the district of Kokrajhar who had retired from service on 31.01.2010. He was granted all other retirement benefits except the leave encashment which was granted for 45 days instead of the maximum period of 300 days.

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In the aforesaid premises, this writ petition has been preferred for a direction to the respondent authorities to grant the petitioner the leave encashment of her husband upto a period of 300 days.

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The issue as to whether the retired Teachers under the Education Department, Assam are entitled to leave encashment upto a period of 300 days has been settled by this Court in its judgment and order dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others passed in WP(C)No.9851/2003.

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In the aforesaid judgment, it has been held that the retired employees under the Education Department are entitled to leave encashment for a maximum of 300 days. The said decision has also been followed in a number of subsequent orders of this Court. One such order dated 02.06.2011 in WP(C)No.9851/2003 has also been annexed to this writ petition.

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The learned counsel for the parties including that of the respondents agree that the grievance raised in this writ petition is covered by the aforesaid judgment and order of this Court dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others.

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Page No.# 4/4

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In view of the aforesaid consensus, this writ petition is disposed of by directing the respondent No.3 being the Director of Elementary Education, Assam to examine the case of the petitioner and in the event, it is found that the husband of the petitioner was entitled to leave encashment for the unutilized earned leave upto maximum of 300 days, the same be granted to the petitioner by passing a speaking order.

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The aforesaid direction be carried out by the Director of Elementary Education, Assam within a period of 3(three) months from the date of receipt of a certified copy of this order.

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

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JUDGE

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Comparing Assistant

Tarani Kt Roy v. the State of Assam and 6 Ors.

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Tarani Kt Roy v. the State of Assam and 6 Ors.

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