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MD. JAHUR ALI v. THE STATE OF ASSAM AND 4 ORS

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-12-16. MD. JAHUR ALI v. THE STATE OF ASSAM AND 4 ORS. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/3 GAHC010173172020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5344/2020 MD. JAHUR ALI S/O. LT. BABOR ALI MORAL, RETD. HEADMASTER, DHUMKURA M. E. SCHOOL, PREMANENT R/O. MOHMARA PATHAR, P. O. TENGAGURI, DIST. MORIGAON, ASSAM-782127. VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF FINANCE, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECY. DEPTT. OF ELEMENTARY EDUCATION DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF ELEMENTAR EDUCATION KAHILIPARA GUWAHATI-781019. 4:DISTRICT ELEMENTARY EDUCATION OFFICER MORIGAON-782105. 5:DIRECTOR OF PENSION ASSAM HOUSEFED COMPLEX LAST GATE DISPUR Page No. # 2/3 GUWAHATI-781006 Advocate for the Petitioner : MR. N ISLAM Advocate for the Respondent : SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA O R D E R 16. 12. 2020 Heard Mr. N Islam, learned counsel for the petitioner. Also heard Mr.

PN Sarma, learned Standing counsel for the Elementary Education Department as well as Mr. B Deori, learned Government Advocate and Mr. A Chaliha, learned counsel for the Finance Department, Assam. 2. The petitioner is a retired Headmaster of Dhumkura ME School in the district of Morigaon, who retired from service on 01. 11. 2004. He was granted all other retirement benefits except the leave encashment which was granted for 80 days instead of the maximum period of 300 days. 3. In this writ petition, the petitioner claims the balance of the unpaid salary for the unutilized earned leave which was not paid to him in course of his 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.

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. 4. In the instant case, the petitioner states that he has received the salary for the unutilized earned leave for 220 days. 5. 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 petitioner is 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 Page No. # 3/3 received payment. 6. Accordingly, the State respondents are directed to examine the case of the petitioner and arrive at a conclusion as to what is the balance period for which he is required to be paid the salary towards the unutilized earned leave. 7.

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 petitioner within a period of another 3(three) months thereafter. 8. In terms of the above, this writ petition stands disposed of. JUDGE Comparing Assistant

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