1 W.P.No.4798/08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4798 OF 2008. 1. Bhaskar Pandurang Hiwale, Education Society, P.B.No.21,Station Road, Ahmednagar,Dist.Ahmednagar, through its Secretary, 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. Prof. Lachman Parasram Hardwani, Age 65 years, Occ. Pensioner, R/o "Kavita" 2 W.P.No.4798/08 Professor Colony, Savedi, Ahmednagar. Dist. Ahmednagar-414003. 6. Prof. Rangnath Pandharinath Dagwale, Age 64 years, Occ.Pensioner, R/o Agarkar Mala, Near Avasarkar Vithbhatti, Dagwale Bungalow, Station Road, Ahmednagar, Dist. Ahmednagar-414 001. 7. Dr.Ashok Janardan Kale, Age 64 years, Occ.Pensioner, R/o 22, "Sai Prasad," Railway Station, Near Sagar Complex, Zilla Parishad Colony, Ahmednagar, Dist.Ahmednagar. ... Respondents. ... Mr.V.D.Hon, advocate for the petitioners. Mr.T.S.Lodhe, Asstt. Govt. Pleader for the State. Mr.C.K.Shinde, advocate for Respondent Nos.5 and 7. Mr.N.C.Garud, advocate for Respondent No.6. ... CORAM : S.V.GANGAPURWALA,J. Date : 07.10.2011. ORAL JUDGMENT : 1. Heard. 2. The Respondent Nos.5,6 and 7 filed complaint before the Grievance Committee claiming 3 W.P.No.4798/08 amount of earned leave. The Grievance Committee allowed the said complaint and recommended payment of earned leave. The same was approved by the Management Council of University. Aggrieved thereby, the present Writ Petition is filed. 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 State Government is taken, the University can not grant any Special Pay, Allowances, Post Retirement Benefits and other Benefits. The petitioner-College is grant-in-aid and unless the prior approval of the State Government is obtained, the Respondents are not entitled for any payment. 4 W.P.No.4798/08 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.C.K.Shinde and Mr.N.C.Garud, learned counsels for the Respondents submit 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 counsels submit that vide the said Writ Petitions, the Division 5 W.P.No.4798/08 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 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 6 W.P.No.4798/08 Petition does not have any merit and the same deserves to be dismissed. The Writ Petition as such is 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.C.K.Shinde, and Mr.N.C.Garud, learned counsels oppose 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 the same as per law. (S.V.GANGAPURWALA,J.) asp/office/wp4798.08 7 W.P.No.4798/08