1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4797 OF 2008 Shri Hari Kishanji Deshmukh .. Petitioner Versus The Chairman,Grievance Cell Committee, Pune University, Pune and others .. Respondents Shri Kiran J. Kandpile for the Petitioner Shri G. S. Kulkarni for Respondents 1 and 2 Shri A. H. Palekar, AGP for Respondent No. 5- State CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 9th June, 2009 J U D G E M E N T (Per Mridula Bhatkar, J.) 1. The Petitioner, by this petition, seeks direction against respondents 3 and 4 to pay him the amount against encashment of earned leave of 180 days standing to his credit. 2. Petitioner was working as Lecturer in the Banking Department of Respondent No.4 college. He retired on 30.6.2002 as a Head of the Banking Department. It is contended that the petitioner had not utilised the earned leave and is entitled to the benefit of encashment of earned leave standing to his credit on the date of his 2 superannuation i.e. on 30.6.2002 with interest @ 18% per annum. The learned counsel appearing for the petitioner has submitted that the petitioner has made oral as well as written request to the college authority and other respondents for encashment of earned leave. However, the respondents have turned down his request on the ground that petitioner is not entitled for the encashment earned leave. The petitioner had also approached the Grievance Committee of Pune University, however, the matter was kept pending subject to decision in writ petition No. 9459 of 2005. Therefore, the petitioner has filed this petition under article 226 of the Constitution of India. Learned counsel appearing for the petitioner further submits that the provisions of Pune University Statute - 424(3)(B) confirm that the vacation teacher is entitled to earned leave @ 1.27 of the period spend in duty subject to accumulation, maximum upto 180 days leave. 3. The respondents have filed affidavit in reply opposing the petition. The respondent No. 4 has taken a stand that the writ petition No. 9459 of 2005 filed by the respondents in the High Court seeking reimbursement of the amount paid towards encashment of earned leave from the State Government is pending and after the decision of the said Writ Petition, Respondent-college will take decision about encashment of the earned leave. Learned AGP, 3 appearing for the Respondent No.5- State has submitted that as per Rule 52 of the Maharashtra Civil Service Rules-1981, earned leave is not admissible to those who availed long term vacation and hence, the Lecturer is not entitled to get the benefit of encashment of earned leave. It is further submitted on behalf of the State that the provisions of earned leave under Section 484 (C) of the University Statute cannot be made applicable to the petitioner-lecturer and it is necessary for the respondents-university/college to carry out necessary correction as per order dated 7.10.2008 issued by the State. 4. The issue encashment of earned leave to the lecturer or teachers from the college and university was dealt with in many writ petitions by the Division Benches of this Court. By various orders i.e. order dated 22nd January, 2007 in Writ petion No. 4936 of 2007, order dated 13th April, 2007 in Writ Petition No. 2310 of 2007, and by order dated 7th April, 2008 in Writ Petition No. 8676 of 2006 alon-gwith a group of writ petitions, this Court decided and disposed of the petitions by taking consistent view holding the petitioners entitled to the encashment of earned leave upto 180 days. In the order dated 7th April, 2008, the Division Bench of this Court has clarified that educational institutions, after discharging their liability of payment towards leave encashment, are entitled to claim reimbursement by 4 way of grant from the State. We concur with the view on the point of payment and of reimbursement as expressed by the Division Bench in the order dated 7th April, 2008. 5. In the above premises, we allow this petition with direction to the respondents 3 and 4 to pay the petitioner, the amount payable to him on account of encashment of Earned leave of 180 days standing to his credit on the date of his superannuation i.e. 30th June, 2002 with interest @ 18% per annum. (MRIDULA BHATKAR, J.) (J. N. PATEL, J.) jpc/-