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2018 DIGILAW 150 (GAU)

Khalilur Rahman v. State of Assam

2018-01-29

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT & ORDER : 1. Heard Mr. J. Ahmed, learned counsel for the petitioners. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department as well as Mr. P. Nayak, learned counsel appearing for the Finance Department. 2. The petitioners herein were either serving as Head Teachers of their respective L.P. Schools/M.E. Madrassa/M.E. School or as Assistant Teachers in the said schools. 3. The details of the engagement of the petitioners and their date of retirement are as follows:- Sl. No. Name of teachers Name of Schools Date of Retirement 1. Khalilur Rahman, H/T 1089 no. Lohajani Char L.P. School 31.08.2015 2. Taher Ali Sheikh H/T 734 No. Karjuldanga L.P. School 31.01.2014 3. Md. Mokbul Hussain, A/T 2383 Chhal Pokalagi L.P. School 31.08.2014 4. Sudhir Ch. Barman, A/T 1392 No. Gazi Singer Kuti L.P.School 28.02.2011 5. Dhana Mohan Roy, H/T 758 No. Rateswari L.P. School 31.03.2010 6. Birendra Nath Roy, H/T 2351 No. Gharialdanga L.P. School 28.02.2009 7. Md. Jahan Uddin Ahmed, A/T Pabarchara M.E. Madrassa 30.11.2006 8. Tarini Kanta Roy (Expired) H/T 2093 No. Vibakanda Videyapith L.P. School 31.10.2006 9. Anser Ali, H/T Chapar Balajan M.E. Madrassa 31.03.2010 10. Jogendra Nath Modak, H/M Ratiadaha M.E. School 30.08.2006 11. Sudhir Ch. Roy, H/M Bishkowa M.E. School 30.04.2006 12. Harendra Nath Chakraborty, H/T 2214 No. Jhaskal Pt-II L.P. School 31.03.2006 13. Raj Kumar Roy, H/T 2352 No. Ramrai Kuti L.P. School 31.03.2015 4. In the 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 of 300 days even in the Vacation Department of the Govt. of Assam has been settled by this Court in Khagendra Nath Deka and Ors., vs. State of Assam reported in 2011 (5) GLT 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 their salary for the unutilized earned leave for various period ranging between 80-130 days. The details of the payment received by the petitioners towards unutilized earned leave is provided in paragraph-3 of the writ petition, which is as follows:- Sl. 5. In the instant case, the petitioners state that they have received their salary for the unutilized earned leave for various period ranging between 80-130 days. The details of the payment received by the petitioners towards unutilized earned leave is provided in paragraph-3 of the writ petition, which is as follows:- Sl. Name of the teachers Payment of Rupees Period of time 1. Khalilur Rahman, H/T 1,25,554/- 130 days 2. Taher Ali Sheikh H/T 1,41,280/- 130 days 3. Md. Mokbul Hussain, A/T 1,32,728/- 120 days 4. Sudhir Ch. Barman, A/T 8,3,362/- 91 days 5. Dhana Mohan Roy, H/T 39,669/- 82 days 6. Birendra Nath Roy, H/T 34,672/- 80 days 7. Md. Jahan Uddin Ahmed, A/T 30,624/- 80 days 8. Tarini Kanta Roy (Expired) H/T 32,944/- 80 days 9. Anser Ali, H/T 60,210/- 100 days 10. Jogendra Nath Modak, H/M 39,163/- 80 days 11. Sudhir Ch. Roy, H/M 38,664/- 80 days 12. Harendra Nath Chakraborty, H/T 27,834/- 80 days 13. Raj Kumar Roy, H/T 30,507/- 80 days 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. 6. Accordingly, the state respondents are directed to examine the individual cases of the petitioners and arrive at a conclusion that as to what is the balance period for which they are required to be paid the salary towards unutilized earned leave. 7. The aforesaid exercise shall be completed within a period of three months from the date of receipt of the certified copy of the order and upon arriving at the conclusion, the salary be paid to the petitioners within a period of another three months thereafter. Writ petition is accordingly disposed of.