Research › Search › Judgment

Gauhati High Court · body

2021 DIGILAW 294 (GAU)

Anu Prava Boruah v. State Of Assam

2021-03-19

ACHINTYA MALLA BUJOR BARUA

body2021
JUDGMENT Achintya Malla Bujor Barua, J. - Heard Mr. M. Borah, learned counsel for the petitioner. Also heard Mr. B. Kaushik, learned counsel for the respondents No. 1 and 2, Mr. B. Gogoi, learned counsel for the respondent No. 3 as well as Mr. R.K. Talukdar , learned counsel for the respondent No.4 and Mr. A. Phukan, learned counsel for the respondent No.5. 2. The petitioner was a retired Assistant Teacher of Rasharaj Bezboruah High School in the district of Lakhimpur, who had retired from service on 28.02.2019. She was granted all other retirement benefits except the leave encashment which was granted for 180 days instead of the maximum period of 300 days. 3. In the aforesaid premises, this writ petition has been preferred for a direction to the respondent authorities to grant the petitioner the leave encashment upto a period of 300 days. 4. The issue as to whether the retired Teachers under the Education Department, Assam are entitled to leave encashment upto a period of 300 days has been settled by this Court in its judgment and order dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others passed in WP(C)No.9851/2003. 5. In the aforesaid judgment, it has been held that the retired employees under the Education Department are entitled to leave encashment for a maximum of 300 days. The said decision has also been followed in a number of subsequent orders of this Court. One such order dated 16.12.2020 in WP(C) 5403/2020 has also been annexed to this writ petition. 6. The learned counsel for the parties including that of the respondents agree that the grievance raised in this writ petition is covered by the aforesaid judgment and order of this Court dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others. 7. In view of the aforesaid consensus, this writ petition is disposed of by directing the respondentNo.2 being the Director of Secondary Education, Assam to examine the case of the petitioner and in the event, it is found that the petitioner was entitled to leave encashment for the unutilized earned leave upto maximum of 300 days, the same be granted to the petitioner by passing a speaking order. 8. 8. The aforesaid direction be carried out by the Director of Secondary Education, Assam within a period of 3(three) months from the date of receipt of a certified copy of this order. 9. In terms of the above, this writ petition stands disposed of.