Page No.# 1/5 GAHC010286122023 2026:GAU-AS:8357 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7572/2023 RUKMA KR. MEDOK S/O- LATE GOMIRAM MEDOK, R/O- GOMUKH NEWARGAON, P.O. GOGAMUKH, DIST. DHEMAJI, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GHY06. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF EDUCATION. 3:THE DIRECTORATE OF HIGHER EDUCATION KAHILIPARA GHY-19. 4:THE DEPUTY DIRECTOR HIGHER EDUCATION KAHILIPARA GHY-19. 5:THE PRINCIPAL NORTH BANK COLLEGE GHILAMORA DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : SC, HIGHER EDU, MR. H S BORAH (R-5),MR. P HAZARIKA (R- Page No.# 2/5 BEFORE HON’BLE Mr. JUSTICE BUDI HABUNG Advocate for the Petitioner : Mr. J. Payeng, ld. counsel. Advocate for the Respondents : Mr. D. Upamanyu, SC, Higher. Education; Mr. P. Hazarika, ld. Counsel, resp.5. Date on which Judgment is reserved : 10.06.2026 Date of Hearing : 10.06.2026 Date of Judgment and Order : 12.06.2026 Whether the pronouncement is of the Operative part of the Judgment? :No Whether the full Judgment has been pronounced ? : Yes JUDGMENT & ORDER (CAV) Heard Mr. J. Payeng, learned counsel for the petitioner. Also heard Mr. D. Upamanyu, learned Standing Counsel, Higher Education, for respondent Nos. 1, 2, 3 & 4 and Mr. P. Hazarika, learned counsel for respondent No. 5. 2. The petitioner, who was serving as a Lecturer in Political Science at North Bank College, Ghilamara, retired from service on 31.03.2022. 3. By filing this writ petition, the petitioner has challenged the letter dated 11.07.2023 issued by respondent No. 5, the Principal of North Bank College, Ghilamara, whereby the petitioner was asked to take necessary steps to resolve the issue regarding overdrawal of salary for 94 days and excess leave Page No.# 3/5 amounting to Rs. 4,93,922/- (Rupees four lakhs ninety-three thousand nine hundred twenty-two only), as per the leave account. 4. By filing this writ petition under Article 226 of the Constitution of India, the petitioner is also seeking a direction to the respondent authorities to pay the arrear amount of his promotional benefits and leave salary for 112 days. 5. The petitioner contended that he suffered from pulmonary tuberculosis in the later part of his service and, on the advice of a doctor, he availed earned leave w.e.f. 01.08.2016 to 28.02.2017 for a period of seven months. The further contention of the petitioner is that he submitted a detailed representation dated 29.01.2023 claiming leave encashment benefits and deduction of salary from arrear pay. According to the petitioner, the total leave availed by him was 336 days (from 01.12.2005 to 31.03.2022) out of 448 days of leave due, and thus 112 days of leave remain in his leave account for which he is entitled to leave encashment. 6. The respondent No. 3, in his affidavit-in-opposition, contends that a proposal for release of arrear salary in respect of the petitioner was received; however, upon scrutiny, certain discrepancies were found. It is stated that there is overdrawal of pay by the petitioner as he availed 336 days of leave, which is in excess of the admissible leave of 163 days. As such, the petitioner has availed 173 days of leave in excess of the admissible limit. 7. The learned counsel for the petitioner, submitted that the President of the Governing Body, North Bank College, Ghilamara, Lakhimpur, in his synopsis dated 07.08.2025 has clarified that the medical leave entered in the service book of the petitioner from 01.12.2016 to 31.01.2017 for two months overlaps Page No.# 4/5 with the academic calendar, as the period from 01.12.2016 to 31.12.2016 was the end-semester break (vacation). Thus, 30 days of vacation ought to have been credited to the petitioner’s leave account. 8. The Principal further clarified that there was a double entry in the service book for the period from 01.01.2017 to 31.01.2017, and therefore the petitioner is entitled to another 30 days’ leave credited in his leave account. It is also submitted that 15.08.2021, recorded as unauthorised absence, was Independence Day; the alleged unauthorised absence on online examination duty on 16.08.2021, 19.08.2021, 24th, 25th, 26th, 28th, and 31st August 2021 were closed due to the COVID-19 pandemic, and thus these eight days ought to be excluded and credited to the petitioner’s leave account. 9. It is further contended that certain entries showing unauthorised absence and earned leave during the COVID-19 pandemic period were made when the Government had already declared lockdown. 10. Upon hearing the learned counsel for the parties and perusing the record, this Court finds that the controversy essentially relates to the determination of the petitioner’s leave account and the alleged overdrawal of leave salary for 94 days, leading to the proposed recovery of Rs. 4,93,922/- (Rupees four lakhs ninety-three thousand nine hundred twenty-two only), as per the leave account. 11. Both learned counsel for the parties fairly submit that the relevant service book and leave records are available with the department and that the issue may be appropriately examined by the competent authority on the basis of such records and applicable rules. Therefore, learned counsel for the parties pray for remand of the matter to the Director of Higher Education, Kahilipara who would Page No.# 5/5 also ascertain the period of the COVID-19 lockdown during which the petitioner is entitled to relief, and thereafter consider the matter in accordance with the relevant Leave Rules. 12. In view of the submissions made above, and without expressing any opinion on the merits of the rival claims, the matter is remanded to the Director of Higher Education, Kahilipara, Assam, with a direction for fresh consideration of the petitioner’s claim. 13. Accordingly, the Director shall examine the entire leave account of the petitioner, including claims regarding earned leave, medical leave, vacation leave, lockdown period, leave encashment, and alleged overdrawal of 94 days amounting to Rs. 4,93,922/- (Rupees four lakhs ninety-three thousand nine hundred twenty-two only), and shall pass a reasoned order in accordance with law and applicable leave rules after affording the petitioner an opportunity of hearing. 14. The aforesaid exercise shall be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. 15. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant