Dismissed

Abani Kr. Brahma and 9 Ors. v. the State of Assam and 4 Ors.

Gauhati HC18 May 2022WP(C)/2350/2022

Case brief

AI extract

What is this about?

Retired Headmasters filed a joint writ petition claiming unpaid earned leave. The single-judge High Court held such individual entitlements cannot be adjudicated jointly under Article 226 and dismissed the petition, directing applicants to file individual representations to the Director of Education for reasoned determinations within three months.

What did the court decide?

Petitioners directed to file individual representations to the Director of Education, BTC, for determination of their earned leave claims within three months.

Abani Kr. Brahma and 9 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010064012022

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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)/2350/2022

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ABANI KR. BRAHMA AND 9 ORS. S/O- LATE SIKIRAM BRAHMA, VILL.- JAGENDRAPUR, P.O. SARAIBIL RETD. HEAD MASTER OF BOSHGAON M.E. SCHOOL, DIST.- KOKRAJHAR, BTR, ASSAM, PIN- 783350.

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2: SAMIRAN MUSHAHARY W/O- MIKA BASUMATARY VILL.- JAMBUGURI P.O.JAMBUGURI RETD. HEAD MISTRESS OF KASHIABARI M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783360. 3: RAGHAB CH. GOYARI S/O- LATE BINENDRA GOYARI VILL.- KACHUGAON P.O. KACHUGAON RETD. HEAD MASTER OF KACHUGAON M.E. SCHOOL. DIST.- KOKRAJHAR BTR ASSAM PIN- 783350.

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4: TAPENDRA NATH BASUMATRY S/O- LATE GOLOK BASUMATARY VILL.- DWIMUGURI P.O. SERFANGURI RETD. HEAD MASTER OF MOINAGURI M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783346.

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5: DHWEJANDRA NATH BRAHMA

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S/O- LATE RAJENDRA NATH BRAHMA VILL.- NARAYANPUR P.O. PANBARI BAZAR RETD. HEAD MASTER OF PANBARI M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783360. 6: DIPALI BRAHMA W/O- LATE DADHIRAM BRAHMA VILL.- DAOBARI P.O. BINYAKHATA RETD. HEAD MISTRESS OF BINYAKHATA M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783336. 7: DEEKHISWARI MOSHAHARY W/O- LATE LAKHI BRAHMA VILL.- RAJAPARA P.O. GOSSAIGAON RETD. HEAD MISTRESS OF BOSHGAON M.E. SCHOOL. DIST.- KOKRAJHAR BTR ASSAM PIN- 783360. 8: SWARUP KR. BRAHMA S/O- LATE KHAGENDRA NATH BRAHMA VILL.- RAJAPARA WARD NO. 3 P.O. GOSSAIGAON RETD. HEAD MASTER OF BALAGAON M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783360. 9: NABIN CH. NARZARY S/O- PAUL CH. NARZARY VILL.- RAJAPARA WARD NO. 3 P.O. GOSSAIGAON RETD. HEAD MASTER OF MOTHAMBIL M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783360.

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10: SARJINA GOYARY W/O- SRI SAMBHUCHARAM BRAHMA VILL- GWZWNPURI P.O. GOSSAIGAON RETD. HEAD MISTRESS OF CHAUTARA M.E. SCHOOL DIST.- KOKRAJHAR BTR ASSAM PIN- 783360 VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (ESTT.-A) DEPARTMENT ASSAM DISPUR GUWAHATI-6. 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER P.O. AND DIST. KOKRAJHAR BTR ASSAM PIN- 783370. 5:THE DEPUTY INSPECTOR OF SCHOOLS P.O. AND DIST. KOKRAJHAR BTR ASSAM PIN- 783370

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Advocate for the Petitioner : MR. I H LASKAR

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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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Date : 18-05-2022

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Heard Mr. PK Deka, learned counsel for the petitioners, Mr. P N Sarma, learned counsel for the respondents no. 1 and 3 being the authorities under the Elementary Education Department of the Government of Assam, Mr. B. Gogoi, learned counsel for the respondent no. 2 being authorities under the Finance Department of the Government of Assam and Mr. B Choudhury, learned counsel for respondents no. 4, 5 and 6 being the authorities under the BTR.

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The petitioners who are all retired Headmasters of different ME Schools in the Kokrajhar district have instituted this joint petition on the grievance that under the law they are entitled to a maximum of 300 days of earned leave being 30 days per year and the entire amount they are entitled had not been paid by the respondent authorities. The petitioners in paragraph 3 of the writ petition provides with a chart which shows as to how much of earned leave had accumulated in respect of the respective petitioners and what amount had actually been paid to them.

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The individual facts of the petitioners as regards their entitlement for the balance of the earned leave cannot be determined in an application under Article 226 of the Constitution of India and that too in a joint petition. The entitlement of the petitioners would depend on their individual facts for the purpose of determining their eligibility.

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In the circumstance, we are of the view that the ends of justice will be met if the petitioners file individual representations before the Director of Education, BTC making their respective claims for the balance of the earned leave they are entitled and on the individual applications being submitted, the Director shall pass reasoned individual orders on the respective representations within a period of three months from the date of receipt of the representations.

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In doing so, the Director shall take note of that under the law, the petitioners are entitled to a maximum of 300 days of earned leave being 30 days per year, but the actual

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entitlement will depend on the balance of the number of days of earned leave for which they have not been paid and it should not be construed that they are to be paid for the entire 300 days as because the law had been laid down in this respect.

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The writ petition is disposed of in the above terms.

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JUDGE

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Comparing Assistant

Abani Kr. Brahma and 9 Ors. v. the State of Assam and 4 Ors.

Case brief

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Abani Kr. Brahma and 9 Ors. v. the State of Assam and 4 Ors.

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