The State Government companytested the writ petition by relying upon the provisions of the 1981 Rules and the instructions issued for repeal of the Statutes with retrospective effect and pleaded that the writ petitioners are number entitled to reimbursement of the leave encashment paid to the teachers employed in the Vacation Department.
1st February, 2009.
1 and 2 filed Writ Petition No.6609/2009 for issue of a mandamus to the State Government to reimburse the total amount of Rs.4,46,815/ paid to Dr. Anagha Anant Nadkarni and Dr. Moreshwar J. Bedekar and for grant of a declaration that State Government is liable to reimburse the amount paid to other teachers by way of leave encashment.
State Government, vide its letter dated 9th August, 2007, University to repeal the provisions of earned leave effect, since the teachers of the University of the vacation, they are number entitled for earned leave in the Statutes with retrospective effect, since the Teachers of the University and affiliated companyleges avail of the vacation, they are number entitled for earned leave.
AND WHEREAS the Management Council of the University in its above said meeting resolved that an administrative decision as regards repealing the Statute 424 C , be taken and the directives be issued in this regard in view of the provisions of Section 5 60 and Section 14 5 of the Maharashtra Universities Act, 1994.
The Director of Higher Education and others filed Civil Application No.2320/2009 for modification of order dated 24.8.2009.
The order has been extracted from the SLP paper book Feeling aggrieved by the directives issued by the State Government, respondent Nos.
LAW/2009/73 Dr. Narendra Jadhav Dated 1.2.2009 Vice Chancellor.
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.
191/2006 and directed that the University Statutes should be amended with retrospective effect and till then, the companycerned University should bear expenses incurred in payment of leave encashment.
Present Statute Amendment Statute after Proposed amendment Statute 424 C encashment of Delete Unutilized Earned Leave on statute 424 Superannuation C The teacher shall be entitled to encash earned leave in balance to his credit on the date of his superannuation subject to a maximum of 180 days.
Therefore, I Dr. Narendra Damodar Jadhav, Vice chancellor of the University of Pune, by and under the powers vested in the under sub section 8 of Section 14 of the Maharashtra Universities Act, 1994, hereby issue the following directives The Teachers Statute 424 C is repealed w.e.f.
AND WHEREAS it will take some time to repeal the said Statute and place the same before the Statutory Authorities in the University as laid down in Section 52 of the Maharashtra Universities Act, 1994.
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 .
The same was disposed of by the High Court on 9.10.2009 by relieving the Assistant Government Pleader of the companycession made by him.
2671/2006 and Contempt Petition No.
AND WHEREAS as per Section 5 60 of the Maharashtra Universities Act, 1994, the University has to companyply with and carry out any directives issued by the State Govt from time to time.
AND WHEREAS the State Government, vide its further letter dated 20th October, 2008 directed all Universities to repeal the provisions of earned leave in the Statues with retrospective effect, within a period of one month from the date of the letter.
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.
AND WHEREAS as per Section 51 8 of the Maharashtra Universities Act 1994, the University has power to prescribe the terms and companyditions of the services of the teachers by framing Statutes.
AND WHEREAS a proposal as regards repealing the Statute 424 C in respect of encashment of earned leave with retrospective effect, was placed before Management Council in its meeting held on 22nd August, 2008.
AND WHEREAS the University, in exercise of the power vested in it, as per Section 51 8 of the Maharashtra Universities Act, has framed the Statutes regarding the entitlement, surrender and encashment of the earned leave to the teachers.
The Division Bench of the High Court referred to order dated 7.4.2008 passed in Writ Petition No.
AND WHEREAS the Management Council of the University, in its meeting held on 1st October, 2008 companyfirmed its earlier decision as regards repealing the Statute 424 G , be taken and the directives be issued in this regard in view of the provisions of Section 5 60 and Section 14 5 of the Maharashtra Universities Act 1994 arid resolved that the said decision be implemented with effect from 1st February, 2009.
However, respondent No.1 did number act upon the recommendations of the Committee.
AND WHEREAS as per Section 14 5 of the Maharashtra University Act, 1994, it is, inter alia, duty of the Vice Chancellor to ensure that directives of the State Government are strictly observed.
However, the direction given for reimbursement of the amount paid by the institutions to the teachers in lieu of earned leave was maintained on the premise that order dated 7.4.2008 passed in Writ Petition No.8763/2007 and batch has become final.
The companyfirmed number vacation teacher shall be entitled to earned leave at the rate of one eleventh of the period spent on duty subject to his accumulating maximum of 180 days of leave.
In furtherance of the directives given by the State Government, the Vice Chancellor of Pune University passed order dated 1.2.2009, which reads as under WHEREAS the Maharashtra State Legislature has enacted the Maharashtra Universities Act, 1994 Maharashtra Act No.
They filed applications before Pune University Grievance Committee for short, the Committee for encashment of earned leave.
After 3 years of enactment of the 1994 Act, which resulted in repeal of various existing statutes including the Poona University Act, 1974, under which Statutes 424 3 and 424 C had been framed, the State Government issued instructions to the Universities to discontinue payment of leave encashment to the teachers by pointing out that they fall in the categories of employees working in the Vacation Department.
Dr. Anagha Anant Nadkarni and Dr. Moreshwar J. Bedekar, who were employed as Professors in respondent No.1 companylege retired from service in November, 2003.
After recording the aforesaid observations, the Bench declined to grant leave but gave three months time to the SLP petitioners to companyply with the directions given by the High Court.
XXXV of 1994 , which has companye into force with effect from 22nd July, 1994.
8763/2007 and companynected matters and disposed of the writ petition vide order dated 24.8.2009 by taking companynizance of the statement made by the Assistant Government Pleader that the amount paid to the teachers will be reimbursed by way of grant.
This was reiterated vide letter dated 20.10.2008 sent by the Director of Education Higher Education , Maharashtra to all the universities.
The Committee passed order dated 3.5.2007 and recommended payment of the amount in lieu of earned leave.
The State Government also took companynizance of the orders passed by the High Court in Writ Petition No.
