KHAGENDRA NATH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Brijesh Sarma, learned counsel appearing for the petitioners. The respondents are represented by Mr. D. Saikia, learned Standing Counsel for the Finance Department.

(2.) THE petitioners were Headmasters of different M. E. Schools and have retired from service between 30.09.2000 to 30.6.2003. THEy challenge the Office Memorandum (O.M.) dated 21.02.2000 (Annexure-2A) and 11.12.2006 (Annexure-4A) whereby it was decided by the Government that for those in the vacation department, leave encashment of unutilized earned leave shall be limited to a maximum of 80 days of the Earned Leave (E.L.) in the credit of the retiring employee. THE second office memorandum dated 11.12.2006 also specified the maximum limit to earned leave accruals of a vacation staff, to 80 days and no more. THE petitioners contend that being the Headmasters and also the drawing and disbursing officers in the schools, they were required to attend duties even during the vacation period and could not remain away from duties, despite being a vacation department and accordingly, they are entitled to cash payment to the extent of credit of unutilized earned leave, at par with the employee of a non-vacation department.

(3.) THE petitioner have also given instances of retired Headmasters serving in vacation department, who were granted encashment benefits of 240 days of earned leave and also instance of employee of another vacation establishment i.e. the Gauhati High Court of being granted encashment benefit of unutilized earned leave, for maximum of 300 days, at par with an employee in a non-vacation department.