This single-bench order disposes of joint writ petitions filed by retired teachers claiming unpaid earned leave encashment. The court held that individual entitlement depends on specific facts and directed petitioners to approach the Director of Elementary Education for individual claims 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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GAHC010073172022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2674/2022
BASUDAM CHANDRA KUNDU AND 9 ORS S/O. GANESH CH. KUNDU, VILL. BHOWRAGURI, P.O. BHOWRAGURI, RETD. A.T. OF BHOWRAGURI KALIBARI L.P. SCHOOL, DIST. KOKRAJHAR, BTR, ASSAM, PIN-783336.
2: BHAKTA CHARAN KARMAKAR S/O. KHETRA MOHAN KARMAKAR VILL. BARUAPARA P.O. BHOWRAGURI RETD. A.T. PHCHIM DANGAIMARI L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783336. 3: LIKHIRAM BRAHMA S/O. LT. SABIRAM BRAHMA VILL. BARUAPARA P.O. BHOWRAGURI RETD. H.T. OF 1169 NO. NARENGURI L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783336. 4: SINGRAI MURMU S/O. LT. JETHA MURMU VILL. HABRUBIL P.O. GOSSAIGAON RETD. H.T. OF 84 NO. GABURCHAND L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783360.
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5: NALIN CH. BARMAN S/O. LT. LAKHI KANTA BRAMAN VILL. KURSHAMARI P.O. BHOWRAGURI RETD. H.T. OF GABINDA GITASHRAM L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783336. 6: KUSUR RAY W/O. LT. PREMANANDA BARMAN VILL. BARUAPARA P.O. BHOWRAGURI RETD. H.T. OF 10799 NO. BARUAPARA L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783336. 7: PROMILA BESRA D/O. LT. MUNSHI BESRA VILL. THAKURPUR P.O. DINGDINGA RETD. H.T. OF 533 NO. DINGDINGA BAZAR L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783333. 8: KAMAL UDDIN AHMED S/O. LT. HUSSAIN ALI VILL. PANIJANI PT-1 P.O. TULSIBIL RETD. H.T. OF TAZPUR L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783337. 9: ELLA KISKU W/O. LT. ROSEN SOREN VILL. MATIAJURI P.O. HARAPUTA RETD. H.T. OF MATIAJURI L.P. SCHOOL DIST. KOKRAJHAR BTR
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ASSAM PIN-783361.
10: SARAT CH. MONDAL S/O. LT. BASKASHI MOHAN MONDAL VILL. CHAUTARA P.O. AMINKATA RETD. H.T. OF 1070 NO. KACHUKATA L.P. SCHOOL DIST. KOKRAJHAR BTR ASSAM PIN-783337 VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE (ESTT.-A) DEPTT. ASSAM DISPUR GUWAHATI-06. 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
Advocate for the Petitioner : MR. P K DEKA
Advocate for the Respondent : SC, ELEM. EDU
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Linked Case : WP(C)/2675/2022 ABDUL MANNAN SARKAR AND 9 ORS S/O- LT. DELWAR HUSSAIN SARKAR VILL. TENGNARVITA P.O. TULSIBIL RETD. H.T. OF 557 NO. LAKHI PARA TANGNARVITA L.P. SCHOOL DIST. KOKRAJHAR BTR (ASSAM) PIN- 7833337. 2: MOYZUDDIN AHMED S/O- LT. GARIBULLA DEWANI VILL.- JOYPUR P.O. TULSIBIL RETD. H/T. OF NO. 1028 TOKEYAMARI L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783337. 3: ABDUS SAMAD MOJUMDAR S/O- LT. DAROK ALI VILL. JOYPUR P.O. TULSIBIL RETD. H/T. OF MADHYA TENGNARVITA L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783337. 4: JUGENDRA ADHIKARY S/O- LT. URENDRA ADHIKARY VILL. NEPALPARA P.O. GOSSAIGAON RETD. H/T/ OF NO. 509 PAKERIGURI L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783360. 5: RUKMINI NARZARY W/O- LT. RANJIT BRAHMA VILL. CHOTTO BINNYAKHATA P.O. CHOTTO BINNYAKHATA RETD. H.T. OF NO. 783 BINNYAKHATA L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783336. 6: THANINDRA NATH BRAHMA S/O- LT. MUGARAM BRAHMA VILL. GAMBARIBIL P.O. BARBIL RETD. H.T. OF NO. 185 GAMBARIL L.P. SCHOOL
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DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783360. 7: RANJIT KR. BRAHMA S/O- LT SABIRAM BRAHMA VILL. BINNYAKHATA P.O. BINNYAKHATA RETD. H.T. OF NO. 82 JALALIGAON L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783336. 8: AJITA ROY W/O- LT. PHILIP HASDA VILL. BHAIRIGURI P.O. HARAPUTA RETD. H/T. OF MATIAJURI L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783361. 9: SIKHA SINGH W/O- WILLIAM MURMU VILL. PADMABIL P.O. GOSSAIGOAN RETD. H/T OF GHAKSHA GOVT. JB SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783360. 10: RAMALA NARZARY W/O- LT. DHARANIDHAR BASUMATARY VILL. MAKTAIGAON P.O. MAKTAIGAON RETD. H/T. OF NO. 653 SAPKATA ANTHAIBARI L.P. SCHOOL DIST.- KOKRAJHAR BTR (ASSAM). PIN- 783360 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM EDUCATION (ELE.) DEPTT. DISPUR GHY.-06. 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE (ESTT.-A) DEPTT. ASSAM DISPUR GHY.-06. 3:THE DIRECTOR OF ELEMENTARY EDUCATION
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ASSAM KAHILIPARA GHY.-19. 4:THE DIST. ELEMENTARY EDUCATION OFFICER P.O. AND DIST. KOKRAJHAR BTR ASSAM PIN- 783370. 5:THE DY. INSPECTOR OF SCHOOLS P.O. AND DIST.- KOKRAJHAR BTR ASSAM. PIN- 783370. -----------Advocate for : MR. P K DEKA Advocate for : SC ELEM. EDU appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 25-04-2022
Heard Mr. PK Deka, learned counsel for the petitioner and Mr. A Phukan, learned counsel appearing for respondent Nos.1 & 3, Mr. R Borpujari, learned Standing counsel, Finance Department appearing for respondent No.2 and Mr. SR Rabha, learned counsel for respondent No.4.
Both the writ petitions are taken up for disposal at the motion stage itself taking into account that this Court had already passed similar directions in respect to similarly situated persons like the petitioners in WP(C) No.256/2022.
The petitioners herein are all retired Head Masters as well as Assistant Teachers of different L.P. Schools of the Kokrajhar district and have instituted both the writ petitions 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 for the entire amount they are entitled to have not been paid
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to them by the respondent authorities.
In WP(C) No.2674/2022 the petitioner therein has enclosed as Anexure-1, the statement showing the leave encashment benefit in respect to the petitioners. In WP(C) No.2675/2022 the petitioners therein have also enclosed the statement showing the leave encashment benefits in respect to the petitioners therein.
From the charts which have been enclosed it shows how much of earned leave have been accumulated in respect to the respective petitioners and what amount have actually been paid to them.
The individual facts of the petitioners as regards the entitlement of the balance of the earned leave cannot be determined in an application under Article 226 of the Constitution that to in a petition filed jointly by all of the petitioners. The entitlement of the petitioners would depend on individual facts for the purpose of determining their eligibility.
In the circumstances this Court is of the view that ends of justice would be met if the petitioners file individual representations before the Director of Elementary Education Department, Assam for making their respective claims for balance of the earned leave they are entitled and on individual application to the representations being submitted, the Director shall pass reasoned individual orders to the representations within a period of 3 (three) months from the date of submission of the representation along with certified copy of this order and a copy of the instant writ petition.
In doing so, the Director shall take note of that under law the petitioners are entitled to a maximum of 300 days earned leave being 30 days per year. But the actual entitlement would depend on the balance of 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
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as because the law has been laid down in this respect.
Both the writ petitions stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether earned leave encashment benefits are entitled for retired teachers of the Elementary Education Department.
Whether a joint writ petition can determine individual entitlement of leave benefits.
1 provisions across 1 enactments
Basudam Chandra Kundu and 9 Ors
State of Assam and 4 Ors
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
