WP(C)/7807/2016 of NAIMUDDIN AHMED and ANR. Vs STATE OF ASSAM and 4 ORS. on 23 December 2016

Heard Mr. A Hussain, learned counsel for the petitioners and Mr. A Deka, learnedStanding Counsel, Education (Elementary) Department, 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 takenup for disposal at the motion stage itself.

2 (two) petitioners have joined together and have instituted the present common proceeding under Article 226 of the Constitution of India, seeking a direction to the respondents to grant them cash equivalent of unutilized earned leave at their credit on superannuation up to a maximum of 300 days, the details of which are mentioned in paragraph 3 of the writ petition.

On retirement on attaining the age of superannuation, the two petitioners, who are retired Head Teachers of LP Schools under the Deputy Inspector of Schools in the district of Barpeta, were granted cash equivalent of unutilized earned leaveat their credit for 90 and 95 days respectively, as part of their retirement dues.

Contention of the petitioners is that as per Office Memorandum (OM) dated 03.03.2012, issued by the Finance Department, Government of Assam, petitioners are entitled to cash equivalent of unutilized earned leave at their credit on superannuation 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 hasbeen 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 petitioners, but in addition submits that the exact calculation of the number of days of unutilized earned leave at the credit of each retired teacher on superannuation would have to be worked out by theadministrative department, i.e., Elementary Education Department.

Having heard learned counsel for the parties and on perusal of the materials on record, prayer made is allowed. Petitioners would be entitled to cash equivalentof unutilized earned leave at the credit of each of the petitioners’ up-to a maximum limit of 300 days as part of their retirement package. Consequential action shall be taken by the Director of Elementary Education, Assam, within a periodof 3 (three) months from the date of receipt of a certified copy of this order and release the admissible amount to the petitioners. This disposes of the writ petition.