PRABIR RANJAN SENGUPTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner, who retired from service as Office Assistant in Ledo Bazar Higher Secondary School on attaining the age of superannuation on 30.10.2002, by the present petition is challenging the Office Order dated 3.6.2003 issued by the Inspector of Schools, Tinsukia District Circle sanctioning cash payment in lieu of unutilized earned leave equivalent to salary for 145 days and also praying for directing the respondents to sanction payment in lieu of unutilized earned leave of 296 days, contending inter alia that in the absence of any declaration by the State Govt. as required under SR 114 (2)(b) to the effect that the office assistant in an educational institution comes within the purview of vacation department, the petitioner is entitled to the same.

(2.) I have heard Mr. A.B. Choudhury, learned senior counsel for the petitioner, Mr. Choudhury, learned standing counsel, Finance Department appearing on behalf of the respondent No.l and Mr. M. R. Pathak, learned standing counsel, Education Department appearing on behalf of the respondent Nos. 2 and 3.

(3.) No affidavit-in-opposition, however, has been filed by any of the respondents though the writ petition is pending for last more than five years.