Disposed

Prabin Chandra Talukdar v. the State of Assam and 8 Ors.

Gauhati HC2 Sept 2022WP(C)/4003/2022

Case brief

AI extract

What is this about?

Petitioner, a retired head teacher, sought earned leave salary for periods served as a deputationist. The High Court directed the Director of Elementary Education to independently consider a representation made regarding left encashment within two months.

What did the court decide?

Respondent No. 3 directed to consider petitioner's representation dated 29.10.2020 and pass an independent order within two months.

Prabin Chandra Talukdar Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010115852022

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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)/4003/2022

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PRABIN CHANDRA TALUKDAR RTD, HEAD TEACHER, 368 NO. BARALA CHUBA L.P SCHOOL, S/O- LATE HARESHWAR TALUKDAR, R/O- VILLAGE DALAIGAON, P.S- PATACHARKUCHI, P.O- BAMAKHATA, DIST- BAJALI (NOW), ASSAM, PIN-781325

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 ASSAM.

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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4:THE MISSION DIRECTOR SAMAGRA SIKSHA ABHIYAN MISSION ASSAM

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Page No.# 2/4

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KAHILIPARA GUWAHATI-19.

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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BARPETA DISTRICT BARPETA (ASSAM ) PIN-781301 6:THE DISTRICT MISSION COORDINATOR SAMAGRA SIKSHA ABHIYAN MISSION ASSAM BARPETA DISTRICT BARPETA (ASSAM) PIN-781301 7:THE DEPUTY INSPECTOR OF SCHOOLS BAJALI SUB- DIVISION PATHSHALA DISTRICT BAJALI (NOW) ASSAM PIN-781325

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8:THE BLOCK ELEMENTARY EDUCATION OFFICER

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BAJALI EDUCATION BLOCK PATHSHALA DISTRICT BAJALI (NOW) ASSAM PIN-781325 9:THE TREASURY OFFICER BAJALI TREASURY DISTRICT BAJALI (NOW) ASSAM

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Page No.# 3/4

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PIN-78132

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Advocate for the Petitioner : MR. K R PATGIRI

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 02.09.2022

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Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. A.Phukan, learned standing counsel, Elementary Education for respondent Nos. 1, 3, 5, 7 and 8. Mr. D.Gogoi, learned standing counsel, Finance appears for respondent Nos. 2 and 9. Mr. S.Bora, learned counsel for respondent Nos. 4 and 6.

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The petitioner while serving as Head teacher of 368 No. Barala Chuba L.P. School under the erstwhile Barpeta District, Assam was sent on deputation as CRCC to District Primary Education Programme(DPEP in short) as well as to Sarva Siksha Abhiyan (SSA in short). After serving for several years, the petitioner was reverted to his original post in his parent department.

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It is the claim of the petitioner that he is entitled to 10 days earned leave salary, per year, for the period he served in the vacation department and is also entitled to get 30 days earned leave salary, per year, during his deputation/attachment period.

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The Deputy Inspector of Schools, Bajali Pathsala by order dated 25.09.2020, accorded sanction for an amount of Rs.493520.00 to the petitioner as un-utilized Earn Leave Encashment for 245(two hundred forty five) days.

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Page No.# 4/4

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It is the claim of the petitioner that he was paid earned leave salary by taking the entire service period to be in vacation department without taking into consideration that he has served as deputationist in a non-vacation department for considerable period of time.

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Being aggrieved, the petitioner made a representation dated 29.10.2020, to the Director of Elementary Education, Assam/respondent No.3, through the Deputy Inspector of Schools, Bajali. Consequently, the Deputy Inspector of Schools, Bajali forwarded the representation dated 29.10.2020 to the respondent No.3 by forwarding letter dated 04.11.2020 with a request for granting the petitioner’s pending leave encashments as per Rules. The said representation is yet to be considered by the respondent No.3.

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Accordingly, respondent No.3 is directed to consider the representation dated 29.10.2020, made by the petitioner and pass his own independent order as per his determination of the claim raised by the petitioner within a period of 2(two) months from the date of receipt of a copy of the order of this Court.

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With the above observations and directions, this writ petition is disposed of.

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JUDGE

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Comparing Assistant

Prabin Chandra Talukdar v. the State of Assam and 8 Ors.

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Prabin Chandra Talukdar v. the State of Assam and 8 Ors.

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