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2022 DIGILAW 233 (GAU)

Prabhat Chandra Deka v. State of Assam

2022-03-07

ACHINTYA MALLA BUJOR BARUA

body2022
JUDGMENT : ACHINTYA MALLA BUJOR BARUA, J. 1. Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned counsel for the respondents no. 1, 3 and 5 being the authorities under the Elementary Education Department, Government of Assam, Mr. A. Chaliha, learned counsel for the respondents no. 2 and 7 being the Finance Department, Government of Assam and Mr. B. Choudhury, learned counsel for the respondents no. 4 and 6 being the authorities under the SSA. 2. The petitioner who was an Assistant Teacher in Padmapara MV School attached temporarily to the SSA, Barpeta as CRCC in 703 no. Char Kholabandha Cluster under Chenga Block by the order dated 27.02.2009 of the District Mission Coordinator, SSA, Barpeta. 3. The order specifically provides as ‘No extra financial benefit will be entitled to him in this purpose’. The petitioner served in the SSA as provided in the order dated 27.02.2009 but thereafter, by the subsequent order dated 30.09.2013 of the Additional Deputy Commissioner (Education) and District Mission Coordinator, SSA, Barpeta, he was released from his engagement with the SSA and was reverted back as an Assistant Teacher in the Padmapara MV School. The petitioner retired from service on 28.02.2017. After his retirement, an issue has arisen as to his entitlement for 300 days of leave encashment as decided by this Court in Khagendra Nath Deka vs. State of Assam, (2011) 5 Gau LT 9. 4. In consideration thereof, the communication dated 13.12.2021 was issued by the Director of Elementary Education, Assam providing that upon examination it was found that the petitioner had availed the benefits of 216 days towards the leave encashment as per the order dated 07.08.2017. The communication of 13.12.2021 further provides that as the petitioner was temporarily attached as CRC Coordinator under the SSA, Barpeta with the condition that ‘no extra financial benefit will be entitled to him in this purpose’ therefore, he would not be entitled for the balance period of 300 days for the leave encashment. In other words, we have to understand that because of the temporary attachment of the petitioner with the SSA, Barpeta with the condition ‘no extra financial benefit will be entitled to him in this purpose’ the petitioner would not be entitled to the complete 300 days of leave encashment as an Assistant Teacher. 5. In other words, we have to understand that because of the temporary attachment of the petitioner with the SSA, Barpeta with the condition ‘no extra financial benefit will be entitled to him in this purpose’ the petitioner would not be entitled to the complete 300 days of leave encashment as an Assistant Teacher. 5. The expression ‘no extra financial benefit will be entitled to him in this purpose’ would mean that by the engagement of the petitioner under the SSA, he will not be given any further financial benefits over and above the financial benefits he is entitled as an Assistant Teacher in a MV School. The said provision cannot be understood to mean that any of the financial benefits the petitioner otherwise would have been entitled as an Assistant Teacher would be deprived to him by taking recourse to the condition that during his engaged under the SSA ‘no extra financial benefit will be entitled to him in this purpose’. 6. If the petitioner in his original service as an Assistant Teacher was entitled to 300 days of leave encashment, it also has to be understood that he had carried the said entitlement with his temporary attachment under the SSA and the same by itself cannot be construed to be ‘no extra financial benefit will be entitled to him in this purpose’ under the SSA. 7. With the above clarification, this writ petition stands allowed remanding the matter back to the Director, Elementary Education, Assam to pass an appropriate order by taking note of the clarification of the expression ‘no extra financial benefit will be entitled to him in this purpose’. 8. The requirement be done within a period of two months from the date of receipt of the certified copy of this order. 9. Writ petition stands disposed of with the above clarification.