vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8937 OF 2007 WRIT PETITION NO.8937 OF 2007 WRIT PETITION NO.8937 OF 2007 Dr.Ashok Pandurang Dani ... Petitioner V/s. The Chairman, Grievance Cell Committee, Pune University & Ors. ... Respondents a/w WRIT PETITION NO.8947 OF 2007 WRIT PETITION NO.8947 OF 2007 WRIT PETITION NO.8947 OF 2007 Dr.Prabodh Govind Pol ... Petitioner V/s. The Chairman, Grievance Cell Committee, Pune University & Ors. ... Respondents a/w WRIT PETITION NO.187 OF 2008 WRIT PETITION NO.187 OF 2008 WRIT PETITION NO.187 OF 2008 Shri R.D. Kodre ... Petitioner V/s. Deccan Education Society & Ors. ... Respondents and WRIT PETITION NO.191 OF 2008 WRIT PETITION NO.191 OF 2008 WRIT PETITION NO.191 OF 2008 P.V. Oak ... Petitioner V/s. Deccan Education Society & Ors. ... Respondents Mr.K.J. Kandpile for Petitioner in W.P. Nos.8937/2007, 8947/2007 and 191 of 2008 Mr.A.S. Pratinidhi for Petitioner in W.P. No.187/2008 Mr.G.S. Kulkarni for Respondent Nos.1&2 in W.P. No.8937/2007 and 8947 of 2007 and for Respondent No.3 in W.P No.191 of 2008 Mr.V.D.Borwankar for Respondent Nos.3 and 4 in W.P. Nos.8937/2007 and 8947/2007 Mr.V.S. Masurkar, Govt. Pleader, for Respondent-State CORAM: J.N. PATEL & J.N. PATEL & J.N. PATEL & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: FEBRUARY 14, 2008 FEBRUARY 14, 2008 FEBRUARY 14, 2008 P.C.: P.C.: P.C.: . Rule. By consent of the parties, Rule made returnable forthwith and heard finally. : 2 : 2. All these petitions can be disposed of by a common order as a common issue relating to the entitlement of the petitioners to encashment of earned leave on their retirement is involved in all these petitions. 3. We are not adverting to the facts relating to the period of service and encashment of leave due and payable to the petitioners as admittedly all the petitioners are employed in the respondent-institutions in various capacities and are entitled to earned leave in accordance with their service conditions. We are disposing of these petitions only on this limited issue which stands well covered by several decisions of this Court, the last of which was rendered in V.S. Agarkar v/s. The Chairman, Grievance Cell Committee, Pune University & Ors. in Writ Petition No.4936 of 2006 Writ Petition No.4936 of 2006 Writ Petition No.4936 of 2006 decided on 22.1.2007, which decision coincidentally relates to teachers employed in the institutions affiliated to Pune University. This Court has already held that a teacher on retirement is entitled for encashment of unutilised leave on superannuation which is clearly provided under statute 424 (C) which reads as under: "424(C): Encashment of Unutilised Earned Leave on Superannuation: The teacher shall be entitled to encash earned leave in balance to his credit on the date of his superannuation subject to the maximum of 180 days. : 3 : In case the teacher is required to serve till the end of academic session beyond the date of his superannuation, he shall be entitled to encash the balance of earned leave to his credit on the date of his actual retirement from service." 4. Therefore, there could not be any controversy over the issue of entitlement of the petitioners for encashment of unutilised earned leave on superannuation which in the case of V.S. Agarkar (supra) has been discussed at length and, therefore, we dispose of this petition with a direction to the respondent-Institution and the Principal that the Principal of the Institution where the petitioners were employed to pay to the petitioners leave encashment for maximum 180 days or lesser to the extent that the petitioners are entitled to and that they shall complete the exercise within a period of eight weeks from today. We further make it clear that the Institution after discharging their liability of payment of leave encashment as per the entitlement of the petitioners, are entitled to claim reimbursement by way of grant from the Respondent-State. 5. Rule made absolute in the aforesaid terms with costs. Costs to be paid by the respondent-institution. (SMT.NISHITA MHATRE, J) (J.N. PATEL, J.)