Disposed

Sabdul Motleb Ali and 5 Ors. v. the State of Assam and 5 Ors.

Gauhati HC16 Jul 2024WP(C)/3102/2024

Case brief

AI extract

What is this about?

Writ petition by retired school staff seeking direction for payment of leave encashment benefits. Court directed petitioners to file representations with the Director of Secondary Education, Assam, to be disposed of within two months. Petition dismissed as a result.

What did the court decide?

Direction to petitioners to file separate representations with Director of Secondary Education, Assam, within One month; subsequent order within two months.

Sabdul Motleb Ali and 5 Ors. Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2024)

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GAHC010085162024

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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)/3102/2024

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SABDUL MOTLEB ALI AND 5 ORS S/O- LT. KASHEM ALI, RETD. H/M OF SILBARI PUBLIC HIGH SCHOOL, VILLAGE- KHUDNAMARI PT-II, P.O. HARALTARI, P.S. SAPATGRAM, DIST.DHUBRI, (ASSAM), PIN- 783337

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2: BOKTAR ALI SHEIKH S/O- LT. MISORUDDIN SHEIKH RETD. H/M OF DEBITOLA HIGH SCHOOL VILL- DEBOTTAR RAIPUR-I (CHANDORGAON) P.O. ALOMGANJ P.S. GAURIPUR DIST.- DHUBRI (ASSAM) PIN- 783339

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3: ABDUL RAHMAN MIAH S/O- LT. SAHABUDDIN MIAH RETD. H/M OF GHOGARPAR HIGH SCHOOL PRESENTLY RESIDING AT VILL- CHOTOLAWKUTHI P.O. BOXIRHAT P.S. BOXIRHAT DIST.- COOCHBEHAR PIN- 736131 4: TAIYAB ALI AHMED S/O- LT. AFAZUDDIN SARKAR RETD. SUBJECT TEACHER OF SATRASAL H.S. VIDYAPITH VILL- AGOMANI P.O. AGOMANI P.S. AGOMANI DIST.- DHUBRI (ASSAM) PIN- 783335

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5: ABDUL MAZID S/O- LT. SAKAT ALI MUNISH RETD. PRINCIPAL OF BELGURI H.S. SCHOOL VILL- BELGURI P.O. BELGURI P.S. GOLAKGANJ DIST.- DHUBRI (ASSAM) PIN- 783334

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6: LUTFOR RAHMAN W/O- LT. ABDUS SAMAD SARKAR RETD. A/T OF KUKURMARA H.S. SCHOOL PRESENTLY RESIDING AT VILL- NAMAR GAON P.O. RADHAMADHAB HAT P.S. MANKACHAR DIST.- SOUTH SALMARA HATSINGIMARI MANKACHAR PIN- 78313

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASAM FINANCE (ESTT.-A) DEPARTMENT ASSAM DISPUR GUWAHATI-6 3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 4:THE MISSION DIRECTOR SSA (SARBA SIKSHA ABHIJAN) ASSAM KAHILIPARA GUWAHATI-19 5:THE INSPECTOR OF SCHOOLS P.O. AND DIST.- DHUBRI ASSAM

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PIN- 783301

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6:THE INSPECTOR OF SCHOOLS P.O. AND DIST.- KOKRAJHAR ASSAM PIN- 78337

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Advocate for the Petitioner : MR. P DAIMARY

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 17.07.2024

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1. Heard Mr. P. Daimary, learned counsel for the petitioners.

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2. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, for respondent Nos. 1, 3 & 5; Mr. A. Chalia, learned standing counsel, Finance Department, for respondent No. 2 and Mr. P. Nayek, learned standing counsel, SSA & BTC, for respondent Nos. 4 & 6.

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3. The petitioners, before this Court, are the retired Headmasters and Assistant Teachers of various High Schools of Dhubri and Kokrajhar districts and they are praying for a direction to the respondents to pay the earned leave encahsment benefits to the petitioners for a maximum period of 300 days by calculating 30 days per year after deducting the leave encashment benefits already paid to the petitioners.

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4. After hearing the learned counsel for the parties and on consideration of the materials available on record, this Court is of the considered opinion that the ends of justice would be met if the petitioners file separate representations before the respondent No. 3 / Director of Secondary Education, Assam within a

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period of 1 (one) month from today. Thereafter, the respondent No. 3, on receipt of representations filed by the petitioners, shall consider the same and pass a reasoned order to the respective representations of the petitioners in accordance with the settled positions of law within a period of 2 (two) months from the date of receipt of the said representations.

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

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JUDGE

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Comparing Assistant

Sabdul Motleb Ali and 5 Ors. v. the State of Assam and 5 Ors.

Case brief

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Sabdul Motleb Ali and 5 Ors. v. the State of Assam and 5 Ors.

Case brief

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