AZGAR ALI AND ANR Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-11-53
HIGH COURT OF GAUHATI
Decided on November 19,2018

Azgar Ali And Anr Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Achintya Malla Bujor Barua. J. - (1.) Heard Mr. M.R. Khandakar, learned counsel for the petitioners. Also heard Mr. S.P. Bhattacharjee, learned standing counsel for the Elementary Education Department as well as Mr. P. Nayak, learned counsel appearing for the Finance Department, Assam.
(2.) The petitioner No.1 is a Head Teacher and the petitioner No.2 is an Assistant Teacher of 2169 No. Kakhimoyee Bidyapith L.P. School who retired from service on 31.01.2013 and 31.12.2015 repectively.
(3.) In this writ petition, the petitioners claim the balance of the unpaid salary for the unutilized earned leave, which were not paid to them in course of their 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 GauLT 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 upto a maximum period of 300 days.;


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