1 W.P.No.6713/07 with connected W.Ps. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.6713 OF 2007. 1.Pravara Rural Education Society At Pravaranagar (Loni), Tq.Rahata, Dist.Ahmednagar, through its Secretary. 2. Padmshri Patil Arts, Commerce and Science College, At Pravaranagar (Loni), Tq.Rahata, District Ahmednagar, through its Principal, Sampat Walunj. ... Petitioners. Versus 1. The State of Maharashtra through the Secretary Education Department, Mantralaya, Mumbai. 2. The Director of Education, (Higher Education), Maharashtra State, Pune. 3. The Joint Director (Higher Education), Pune Division, Pune. 4. University of Pune, through its Registrar. 5. Radhakrishna Baburao Kamble, 2 W.P.No.6713/07 with connected W.Ps. Age 65 years, Occ.Pensioner, R/o "Latakunj" Plot No.45, Mangal Housing Society, Gulmohar Road, Ahmednagar, District Ahmednagar. ... Respondents. ... WITH WRIT PETITION NO.5933 OF 2007. 1.Bhaskar Pandurang Hiwale, Education Society, P.B.No.21, Station Road, Ahmednagar District Ahmednagar 2. Ahmednagar College of Arts, Commerce and Science, through its Principal P.B.No.21, Station Road, Ahmednagar, Dist.Ahmednagar. ... Petitioners. Versus 1. The State of Maharashtra through the Secretary Education Department, Mantralaya, Mumbai. 2. The Director of Education, (Higher Education), Maharashtra State, Pune. 3. The Joint Director (Higher Education), Pune Division, Pune. 4. University of Pune, through its Registrar. 5. Dr.Mohammed Azam Ibrahim Bangi, Age 70 years, Occ.Pensioner, 3 W.P.No.6713/07 with connected W.Ps. R/o Dr.Shahnaz, Doctor Quarter, Both Hospital, Opp. Led Post Office, Ahmednagar, Dist.Ahmednagar. ... Respondents. ... WITH WRIT PETITION NO.5932 OF 2007 1. Ahmednagar Zilla Maratha Vidya Prasarak Samj, Lal Taki Road, Ahmednagar through its President/Secretary Genuji Dagduji Khandeshi, Age 62 yrs. Occ.Business, R/o Agarkar Mala, Station Road, Ahmednagar, Dist.Ahmednagar. 2. New Arts Commerce and Science College, Ahmednagar through its Principal Dr.Sarjerao Bhaurao Nimse, Age 56 years, Occ.Service, R/o Doctor Colony, Burudgaon Road, Ahmednagar, Dist.Ahmednagar. ... Petitioners. Versus 1. The State of Maharashtra through the Secretary Education Department, Mantralaya, Mumbai. 2. The Director of Education, (Higher Education), Maharashtra State, Pune. 3. The Joint Director (Higher Education), Pune Division, Pune. 4. University of Pune, through its Registrar. 4 W.P.No.6713/07 with connected W.Ps. 5. Sharad S/o Laxmanrao Dahatonde, Age 61 years, Occ.Pensioner, R/o Namdeo Chowk, Namdeonagar, Vasant Tekdi, Pipeline Road, Ahmednagar, Dist.Ahmednagar. ... Respondents. ... WITH WRIT PETITION NO.6737 OF 2007. 1. Hind Seva Mandal C/o Premraj Sarda College, Ahmednagar, Dist. Ahmednagar, through its Secretary. 2. Premraj Sarda College, Ahmednagar, Dist.Ahmednagar, through its Principal Dr.Kewal Baldeo Jaiswal, Age 57 years, Occ.Service, R/o Ravikiran, State Bank Colony, Near Kalanagar Bus Stop, Gulmohar Road, Ahmednagar, Dist.Ahemdnagar. ... Petitioners. Versus 1. The State of Maharashtra through the Secretary Education Department, Mantralaya, Mumbai. 2. The Director of Education, (Higher Education), Maharashtra State, Pune. 3. The Joint Director (Higher Education), Pune Division, Pune. 4. University of Pune, through its Registrar. 5 W.P.No.6713/07 with connected W.Ps. 5. Sharad S/o Gangadhar Khandkekar, Age 70 years, Occ.Pensioner, R/o "Shree" Bungalow, Professor Colony, Ahmednagar, Dist.Ahmednagar. ...Respondents. ... WITH WRIT PETITION NO.5041 OF 2008. 1. Pravara Rural Education Society at Pravaranagar (Loni), Tq. Rahata, Dist.Ahmednagar, through its Secretary. 2. Padmshri Vikhe Patil Arts, Commerce and Science College, At Pravaranagar (Loni), Tq.Rahata, Dist.Ahmednagar, through its Principal, Sampat Walunj. ... Petitioners. Versus 1. The State of Maharashtra through the Secretary Education Department, Mantralaya, Mumbai. 2. The Director of Education, (Higher Education), Maharashtra State, Pune. 3. The Joint Director (Higher Education), Pune Division, Pune. 4. University of Pune, through its Registrar. 5. Ramnath S/o Ganpat Landge, Age 61 years, Occ.Pensioner, R/o Yashwantnagar, At and Post Loni (Bk.), Tq. Rahata, Dist.Ahmednagar. 6 W.P.No.6713/07 with connected W.Ps. 6. Jagannath S/o Namdeo Nigal, Age 63 years, Occ.Pensioner, R/o Yashwantnagar, At and Post Loni (Bk.), Tq.Rahata, Dist.Ahmednagar. 7. Sambjaji S/o Panditrao Ghorpade, Age 64 years, Occ.Pensioner, R/o Yashwantnagar, At & Post Loni (Bk.), Tq.Rahata, Dist.Ahmednagar. 8.Sau. Suman Raosaheb Karle, Age 63 years, Occ.Pnesioner, R/o C/o Dr.Ravindra Karle, PMT QAuarter, Pravara Medical College, Loni (Bk), Tq.Rahata, Dist.Ahmednagar. 9. Bapu S/o Gopala Bhangare, Age 62 years, Occ.Pensioner, R/o 12, Sharda Housing Society College, Road Sangamner, Tq.Sangamner, Dist. Ahmednagar. 10. Chandrakant S/o Vishwanath Sutar, Age 64 years, Occ.Pensioner, "Vaishav" Yashwantnagar, At and post Loni (Bk.), Tq. Rahata, Dist.Ahmednagar. ... Respondents. Mr.V.D.Hon, advocate for the petitioners. Mr.S.B.Pulkundwar, Asstt.Govt.Pleader for Respondent Nos.1 to 3. Mr.A.R.Kale, advocate holding for Mr.A.R.Joshi, advocate for Respondent No.4. Mr.Mujtaba Gulam Mustafa, advocate for Respondent No.5. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.09.2011. 7 W.P.No.6713/07 with connected W.Ps. ORAL JUDGMENT : 1. Heard. 2. The Respondent No.5 in these petitions except W.P.No.5041/2008 and Respondent Nos.5 to 10 in W.P.No.5041/2008 have retired as Professors. They filed a complaint before the Grievance Committee claiming amount of earned leave. The Grievance Committee allowed the said complaint and recommended payment of the earned leave. The same was approved by the Management Council of the University. Aggrieved thereby, the petitioners have filed the present Writ Petitions. 3. Mr.Hon, learned counsel for the petitioners submits that the said amount of earned leave is awarded to the Respondents pursuant to the statute 424(3) of the Statute as framed by the Pune University. According to the learned counsel the statute framed by the University is under the Pune University Act. As per provisions of Section 8(1) of the Maharashtra Universities Act, unless prior approval of the 8 W.P.No.6713/07 with connected W.Ps. State Government is taken, the University can not grant any Special Pay, Allowances, Post Retirement Benefits and other Benefits. The petitioners-Colleges are grant-in-aid and unless the prior approval of the State Government is obtained, the Respondents are not entitled for any payment. 4. The learned counsel further contends that as per Section 115(xii) of the Maharashtra Universities Act, the Respondents are not entitled to any benefit. The Statutes are inconsistent, more particularly, Statute 424,in view of Section 8 of the Maharashtra Universities Act. Even the claims are made after lapse of limitation period. The learned counsel further contends that the petitioners have challenged the validity of Statute 424(3). The said Writ Petition is admitted. In view of the above submissions, the learned counsel submits that the order impugned is illegal and deserves to be quashed and set aside. 5. Mr.Mujtaba, learned counsel for the 9 W.P.No.6713/07 with connected W.Ps. Respondents submits that the issue regarding the payment of the earned leave to the Respondents, pursuant to Statute 424(3) is no longer res- integra, in view of the judgment of the Division Bench of this Court in W.P.No.2881/2007 with companion Writ Petitions decided on 9.6.2008. The learned counsel submits that vide the said Writ Petitions, the Division Bench had directed the respective Managements to make the payment as per the order of the Grievance Committee. The said judgment was assailed by the Management therein i.e. Khandesh College Education Society before the Apex Court by way of Special Leave Petition Nos.17039-17040/2008. The Apex Court has considered the applicability of the provisions of Statute 424(3) or 424(C) of the University of Pune and has confirmed the judgment and order of this Court. 6. I have perused the said judgment of the Apex Court referred by the learned counsel for the Respondents. In view of the judgment of the Apex Court in Special Leave Petition Nos. 17039-17040/2008 referred supra, the issue is no 10 W.P.No.6713/07 with connected W.Ps. longer res-integra. 7. For the reasons stated in the Division Bench Judgment of this Court in 2881/2007 and other companion Writ Petitions dated 20.6.2008 and confirmed by the Apex Court in Special Leave Petition Nos.17039-17040/2008, the Writ Petitions do not have any merit and the same deserve to be dismissed. The Writ Petitions as such are dismissed. Rule discharged, However,there shall be no order as to costs. 8. At this stage, Mr.Hon, learned counsel for the petitioners submits that the interim relief was in force since four years and the same be continued for a further period of eight weeks. Mr.Mujtaba, learned counsel opposes this request. However, taking into consideration the fact that the interim relief was in force for almost four years, the same is continued for a further period of four (4) weeks from today. The petitioners can submit the bills regarding the earned leave to the State - its respective authorities who shall process 11 W.P.No.6713/07 with connected W.Ps. the same as per law. (S.V.GANGAPURWALA,J.) asp/office/wp671307