WP(C)/7811/2016 of DIMBESWAR DUTTA Vs STATE OF ASSAM and 3 ORS. on 23 December 2016

Heard Mr. U Dutta, learned counsel for the petitioner and Mr. Ravi Sarma, learned Standing Counsel, Secondary Education Department, Govt. of Assam. Also heard Ms. A Verma, learned Standing Counsel, Finance Department, Assam. Having regard to the grievance expressed and the order that is proposed to be passed issuance of formal notice is considered not necessary and the case is taken up for disposal at the motion stage itself.

This petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking a direction to the respondents to grant him cash equivalent of unutilized earned leave at his credit on superannuation up to a maximum of300 days.

Petitioner is a retired Assistant Teacher of KK Girls High School in the district of Lakhimpur. On his retirement on attaining the age of superannuation, petitioner has been granted cash equivalent of unutilized earned leave at his credit for 120 days as part of his retirement package.Contention of the petitioner is that as per Office Memorandum (OM) dated 03.03.2012, issued by the Finance Department, Government of Assam, on his retirement, he is entitled to cash equivalent of unutilized earned leave at his credit up to a maximum of 300 days at the rate of 10 days per year for vacation department and 30 days for non-vacation department. This aspect of the matter has been gone into by this Court in two decisions, namely, WP(C) No.9851 of 2003 (Khagendra Nath Deka -Vs- State of Assam) disposed of on 02.06.2011 and WP(C) No. 3689 of 2016(Fakhrul Islam Vs. State of Assam), which was disposed of on 21.06.2016.Ms. Verma, learned Standing Counsel, Finance Department, fairly accedes to the prayer made by learned counsel for the petitioner, but in addition submits that the exact calculation of the number of days of unutilized earned leave at the credit of the petitioner would have to be worked out by the administrative department, i.e., Secondary Education Department.

Having heard learned counsel for the parties and on perusal of the materials on record, prayer made is allowed. Petitioner would be entitled to cash equivalent of unutilized earned leave at the credit of the petitioner on superannuation up-to a maximum limit of 300 days as part of his retirement package less the benefit already availed of. Consequential action shall be taken 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 and release the admissible amount to thepetitioner. This disposes of the writ petition. No costs.