WRIT PETITION NO. 11528 OF 2017

26th July 2019

Petitioner Counsel: Mr. P. L. Sirsamkar Mr. V. B. Jadhav Mr. A. V. Hon
Respondent Counsel: Mrs. V. S. Chaudhary Mr. V. B. Jadhav Mr. A. V. Hon Mr. P. L. Sirsamkar
Act Name:

Section :

Cases Cited :
Paras 2, 4: Khandesh College Education Society, Jalgaon and another Vs. Arjun Hari Narkhede and others : State of Maharashtra and others reported in 2011(CJ (SC) 1027 : Writ Petition No. 2881 of 2007
Para 4: Sahebrao Sukdeorao Rindhe Vs. State of Maharashtra, Writ Petition No. 12016 of 2015
Para 4: Kachru Shankar Sahane died through L.Rs. Radhika Kacru Sabane and others Vs. State of Maharashtra and others, Writ Petition No. 8911 of 2011
Para 4: Deorao Bajaba Dhamane and others Vs. The State of Maharashtra and others, Writ Petition No. 14727 of 2017

JUDGEMENT

T. V. Nalawade, J.

1. Rule. Rule made returnable forthwith. Heard finally, with consent of learned counsel for the parties at admissions stage.

2. First proceeding bearing Writ Petition No. 11528 of 2017 is filed by two employees of respondent No. 4 - Ahmednagar Zilla Maratha Vidya Prasarak Samaj, Ahmednagar, for issuing directions to the respondents to pay the benefits of encashment of earned leave of 180 days and comply the order dated 31-08-2018 made by Grievance Committee of Savitribai Phule Pune University. The Grievance Committee has considered the Statutes 424(C) of Pune University, which was considered by the Apex Court in the case of Khandesh College Education Society, Jalgaon and another Vs. Arjun Hari Narkhede and others : State of Maharashtra and others reported in 2011(CJ (SC) 1027. The Grievance Committee has held that employees are entitled to get leave encashment of earned leave, which was in balance in their account to the extent of 180 days.

3. Second proceeding bearing Writ Petition No. 2464 of 2019 is filed by the Institution - Ahmednagar Zilla Maratha Vidya Prasarak Samaj, Ahmednagar, challenging the order dated 31-08-2018 made by Grievance Committee of Savitribai Phule Pune University, in complaint Nos. 31 and 32 of 2015.

4. The learned counsel for the petitioners – employees (in writ petition No. 11528 of 2017) placed on record the Judgment in the case of Khandesh College Education Society, Jalgaon and another Vs. Arjun Hari Narkhede and others : State of Maharashtra and others reported in 2011(CJ (SC) 1027, so also orders passed by this Court in Writ Petition No. 12016 of 2015 (Sahebrao Sukdeorao Rindhe Vs. State of Maharashtra) dated 29-04-2016 and connected matters, Writ Petition No. 8911 of 2011 (Kachru Shankar Sahane died through L.Rs. Radhika Kacru Sabane and others Vs. State of Maharashtra and others) dated 03-08-2015 and connected matters, Writ Petition No. 14727 of 2017 (Deorao Bajaba Dhamane and others versus The State of Maharashtra and others) dated 10-04-2018 and connected matter and also Writ Petition No. 2881 of 2007 (Khandesh College Education Society Vs. State of Maharashtra) dated 09-06-2008 and connected matters. It is not in dispute that the issue involved in both the proceedings is no more res-integra in view of the aforesaid decisions of this Court. This Court considered the same and issued directions in Writ Petition No. 12016 of 2015 (Sahebrao Sukdeorao Rindhe Vs. State of Maharashtra) (Supra), thus, such directions need to be given in present matters also. Needless to state that petition filed by petitioners-employees is allowed in terms of operative portion (a) of the Writ Petition No. 12016 of 2015, which reads as under:

“(a) The petitioners are entitled for the benefits of leave encashment from the concerned Educational Institutions. The petitioners shall appear before the concerned Respondents for calculating the quantum of amount payable by the concerned Institutions to the petitioners. The concerned Respondents shall consider the aspect of days of leave to the credit of the petitioners for the purpose of leave encashment. The calculation shall be made by the concerned Respondents within four months from today. After determining the amount, the concerned Institutions shall make payment of the dues to the petitioners in respect of the leave encashment within further period of six months. The Writ Petitions are accordingly disposed of. No costs.”

5. This Court is upholding the order made by Grievance Committee, Savitribai Phule Pune University. The relief is granted in favour of the petitioners-employees in Writ petition No.11528 of 2017. The Writ Petition No.11528 of 2017 is allowed in terms of prayer clause “B”. Rule is made absolute accordingly.

6. Another proceeding bearing Writ Petition No. 2464 of 2019 stands dismissed. Rule stands discharged to the extent of Writ Petition No. 2464 of 2019.