Page No.# 1/3 GAHC010167882025 2025:GAU-AS:10424 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4475/2025 ACHUR UDDIN FAKIR RETD. TEACHER OF KASHIARTARY FULGASA M.E MADRASSA, S/O- LATE RAHIMUDDIN FAKIR, R/O- VILLAGE- KASHIARTARY, P.O- CHIRAKUTI, P.S- FAKIRGANJ, DIST- DHUBRI, ASSAM, PIN-783330 VERSUS THE STATE OF ASSAM AND ORS REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY), DISPUR, GUWAHATI-6 2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19 3:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 4:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI ASSAM PIN-78133 Advocate for the Petitioner : MR. A F N U MOLLAH, K ZAMAN,R AMIN Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 08.08.2025 Heard Mr. A.F.N.U. Mollah, learned counsel for the petitioner. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department and Ms. S. Chutia, learned Standing Counsel, Elementary Education. 2. By way of this petition under Article 226 of the Constitution of India, the petitioner is claiming earned leave salary for the period of 300 days to the petitioner similar to the employees of non-vacation departments by deducting the amount already paid to the petitioner in terms of the Judgment & Order dated 02.06.2011 passed in WP(C) No. 9851/2003 and the Office Memorandum dated 03.03.2012 issued by the Finance Department to the Government of Assam. 3. Mr. A.F.N.U. Mollah, learned counsel for the petitioner submits that the petitioner is a retired Assistant Teacher of Kashiartary Fulgasa M.E. Madrassa in the District of Dhubri. On his retirement, he was granted retirement benefit of cash equivalent of un-utilized earned leave at his credit for 246 days. According to the learned counsel for the petitioner, he is entitled to cash equivalent to maximum of 300 days of un-utilized earned leave on superannuation. 4. Mr. R. Borpujari, learned Standing Counsel, Finance Department fairly submits that in so far as the claim of the petitioner is concerned, it will require verification by the Departmental Authorities. Page No.# 3/3 5. In view of the aforesaid endorsement made by the learned Standing Counsel, Finance Department, this Court deems appropriate to dispose of this writ petition at the motion stage by directing that the respondent Nos. 2 & 4 shall carry out necessary verification in respect of the petitioner, whereafter he shall be paid leave encashment of un-utilized earned leave upto the maximum limit of 300 days minus the benefit already availed of by the petitioner. 6. Ordered accordingly. 7. The above exercise shall be carried out within a period of 3 (three) months from the date of receipt of a certified copy of this order. 8. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant