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2018 DIGILAW 1730 (GAU)

Upen Ramchiary v. State of Assam

2018-12-12

ACHINTYA MALLA BUJOR BARUA

body2018
JUDGMENT : 1. Heard Mr. S. Das, learned counsel for the petitioners. Also heard Mr. S.P. Bhattacharjee, learned standing counsel for the Secondary Education Department as well as Mr. R. Borpujari, learned counsel appearing for the Finance Department, Assam. 2. The petitioners are all retired Headmasters/Grade IV employees of L.P. M.E. Schools under the Baksa, BTAD, Assam. 3. The name of the school and the date of retirement are quote below:- Sl. No. Name of petitioner Name of the School Date of Retirement Period of time Payment 1 Upen Ramchiary 474 No. Mushalpur J.R. Basic School 31.03.2013 177-112=65 days Rs. 73086/- 2 Dinesh Basumatary 2 No. Belguri Pathar L.P. School 30.06.2012 176-111=65 days Rs 73086/- 3 Tankeswar Das Chukrungbari Pathar, M.E. School 31.10.2013 183-108=75 days Rs.1,02,267/- 4 Khagendra Nath Baro Gerua Milan L.P. School 31.12.2012 175-110=65 days Rs.71,998/- 5 Mohendra Nath Basumatary Uttarpara L.P. School 30.09.2013 182-116=66 days Rs.66,128/- 6 Anjali Boro Baganpara Balok LP School 31.05.2012 169-104=65 days Rs.Rs.65,030/- 7 Ayanl Hoque Banajagaran ME School 29.02.2012 166-101=65 days Rs. 70,285/- 8 Rajani Kanta Kalita Nikashi LP School 28.02.2014 186-121=65 days Rs.79,387/- 9 Khagendra Nath Haloi 1 No. Belguri Pathar LP School 30.04.2012 168-103=65 days Rs.67,032/- 10 Harkanta Roy Chunbarikhuti LP School 31.01.2014 185-120=65 days Rs.85,583/- 11 Amarendra Deka 980 No. Lafakuchi School 31.03.2014 187-122=65 days Rs.74,013/- 12 Gauri Kalita Arnibil Milan LP School 31.03.2014 187-122=65 days Rs.68683/- 13 Prakash Ch. Bhuayan Amarabati LP School 31.10.2014 154-89=65 days Rs.62,476/- 14 Lohit Ch. Das Gr. IV Chukurang Bari ME School 30.11.2014 194-129=65 days Rs.46,464/- 15 Mukuknda Sarania Pachim Athiabari LP School 31.05.2009 80 days Rs.33,520/- 16 Tarun Ch. Medhi Chemethiapara LP School 30.06.2009 80 days Rs.37,280/- 17 Bhuban Ch. Basumatary Khusrabari Bodo ME school 31.01.2017 215 days Rs. 4,00,316/- 18 Bhadreswar Boro Chukrungbari ME School 31.03.2017 218 days Rs. 3,60,485/- 4. In this writ petition, the petitioners claim the balance of the unpaid salary for the unutilized earned leave, which was 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 reported in 2011 (5) GLT 9. 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 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 up to a maximum period of 300 days. 5. In the instant case, the petitioners state that the authorities did not pay them the salaries for the unutilized earned leave for the respective periods as mentioned above. 6. The law has been settled that the petitioner is 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 he has already received payment. 7. Accordingly, the State respondents are directed to examine the case 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.