STATE OF MAHARASHTRA Vs. NOWROSJEE WADIA COLLEGE

JUDGEMENT

(1.) The question which arises for consideration in these appeals is whether respondent Nos.1 and 2 are entitled to reimbursement of the amount paid to the teachers by way of leave encashment under the statutes framed by the Pune University.

(2.) Dr. Anagha Anant Nadkarni and Dr. Moreshwar J. Bedekar, who were employed as Professors in respondent No.1 college retired from service in November, 2003. They filed applications before Pune University Grievance Committee (for short, 'the Committee') for encashment of earned leave. The Committee passed order dated 3.5.2007 and recommended payment of the amount in lieu of earned leave. However, respondent No.1 did not act upon the recommendations of the Committee. Therefore, Dr. Anagha Anant Nadkarni and Dr. Moreshwar J. Bedekar filed Writ Petition Nos.8763 and 8775 of 2007 for issue of a mandamus to respondent No.1 to pay the amount of leave encashment. The same were disposed of by the Division Bench of the Bombay High Court vide order dated 7.4.2008 along with 11 other writ petitions. The Division Bench relied upon order dated 22.1.2007 passed in Writ Petition No.4936/2006 V. S. Agarkar v. The Chairman, Grievance Cell Committee, Pune University and others and held:

(3.) By another order dated 9.6.2008 passed in Writ Petition No.2881/2007 Khandesh College Education Society v. Arjun Hari Narkhede and others, the Division Bench of the High Court directed payment of leave encashment to the teachers in terms of the order passed in V. S. Agarkar's case. Simultaneously, liberty was given to the institutions to seek reimbursement from the State. That order was modified on 20.6.2008 in the following terms: