ORDER

20.11.2020 Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. R. Mazumdar, learned Standing counsel, Secondary Education Department and Mr. P Nayak, learned Standing counsel, Finance Department.

2. The petitioner was a retired Assistant Teacher of Kalahbhanga M.E. School in the district of Barpeta, who had retired from service on 31.08.2014. He was granted all other retirement benefits except the leave encashment which was granted for 126 days instead of the maximum period of 300 days.

3. In the aforesaid premises, this writ petition has been preferred for a direction to the respondent authorities to grant the petitioner the leave encashment of her husband upto a period of 300 days.

4. The issue as to whether the retired Teachers under the Education Department, Assam are entitled to leave encashment upto a period of 300 days has been settled by this Court in its judgment and order dated 02.06.2011 rendered in Khagendra Nath Deka and others Vs. State of Assam and Others passed in WP(C)No.9851/2003.

5. In the aforesaid judgment, it has been held that the retired employees under the Education Department are entitled to leave encashment for a maximum of 300 day