JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. S.M. Sarma learned counsel for the petitioners. Also heard Mr. N. Sarma, learned Standing counsel for the Secondary Education Department as well as Mr. P. Nayak, learned Standing counsel appearing for the Finance Department, Assam. 2. The petitioners are all retired employees of the State Government in the Education Department, who were serving as Head Teachers, Subject Teachers, Assistant Teachers and Office Assistant respectively in different High School and Higher Secondary Schools, in the district of Tinsukia. 3. The details of the engagement of the petitioners and their date of retirement as well as details of the payment received by the petitioners towards the unutilized earned leave are as follows:- Sl. No. Name of petitioners Name of Schools Date of Retirement Leave salary paid for Leave 1. Arjun Chandra Baruah Doomdooma Girl's High School 31.05.2007 80 days 145 days 2. Sankar Das Doomdooma Girl's High School 28.02.2009 80 days 162 days 3. Mrs. Soroja Das Choudhury Jwahar Hindi High School 31.08.2012 145 days 195 days 4. Mrs Binapani Gogoi Doomdooma Girl's High School 30.06.2009 80 days 165 days 5. Satyendra Nath Thakur Hoonlal H.S. School 28.02.2006 80 days 131 days 6. Mrs. Manjul Sarma Hoonlal H.S. School Lakhimpur 31.12.2006 80 days 138 days 7. Kulen Barman Hoonlal H.S. School 30.06.2007 80 days 145 days 8. Kumud Arandhara Hoonlal H.S. School 31.10.2004 80 days 117 days 4. In this writ petition, the petitioners claim the balance of the unpaid salary for the unutilized earned leave, which were not paid to them in course of their employment. Entitlement of unutilized earned leave up to the maximum period of 300 days even in the Vacation Departments of the Govt. of Assam has been settled by this Court in Khagendra Nath Deka and Ors., Vs - State of Assam, 2011 5 GauLT 9 . In the said judgment, it has been held that all such employees even in the vacation Department are entitled to payment of salary for the unutilized earned leave upto a maximum period of 300 days. 5. In the instant case, the petitioners state that they have received the salary for the unutilized earned leave for various period ranging between 80 days to 145 days. 6.
5. In the instant case, the petitioners state that they have received the salary for the unutilized earned leave for various period ranging between 80 days to 145 days. 6. As the law has been settled that the petitioners are entitled to the payment of salary for the unutilized earned leave for a maximum period of 300 days, therefore, this Court is of the view that the petitioners are entitled to the payment of salary for the unutilized earned leave for the balance period up to 300 days by deducting the number of days for which they have already received payment. 7. Accordingly, the State respondents are directed to examine the individual cases of the petitioners and arrive at a conclusion as to what is the balance period for which they are required to be paid the salary towards unutilized earned leave. 8. The aforesaid exercise shall be completed within a period of 3(three) months from the date of receipt of a certified copy of this order and upon arriving at a conclusion, the salary be paid to the petitioners within a period of another 3(three) months thereafter. 9. In terms of the above, this writ petition stands disposed of.