The main legal point established in the judgment is the entitlement of retired college teachers to claim the amount of encashment of earned leave under the relevant statutes and rules, and the responsibility of the colleges to extend the benefit to the employees.

R.M. Borde, J.

1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. Petitioners, in this group of petitions are either retired college teachers or legal representatives of deceased teachers. Petitioners are claiming directions to the Respondent Colleges and the Institutions to pay them the amount payable towards encashment of earned leave standing to their credit on the date of their superannuation with interest, in accordance with rules, as expeditiously as possible, preferably within a period of three months. A direction is also sought for against the respective Colleges and the Institutions to comply with the directives issued by the University in respect of payment of the amount towards earned leave standing to their credit together with interest payable on the date of their retirement.

3. Petitioners are the retired employees and were in service of the respective colleges as lecturers/teachers. In view of provisions of Statute 424(3) and 424(c) of the North Maharashtra University, they are entitled to claim the amount of earned leave standing to their credit on the date of their retirement on superannuation. Petitioners raised claim for payment of amount towards encashment of earned leave to the respective colleges and the Institutions, however, their claims were not considered. As such, petitioners were compelled to approach Respondent No.3University for redressal of their grievance. The Grievance Cell of the University, on consideration of respective claims of the petitioners, tendered a report to the University holding entitlement of the petitioners to claim the amount of encashment of earned leave. The University also adopted a resolution in the meeting of the Academic Council and issued a communication to the College to verify the amount and pay the same to the respective petitioners. In spite of communication by the University and the resolution adopted by the Academic Council, which binds the respondent-college, no steps were taken. As such, petitioners are compelled to approach this Court.

4. The grievance raised by the petitioners, in these petitions, is no more res integra and in number of identical matters, directions have already been issued by this Court favouring the employees. In Writ Petition No.6640/2004, decided by the Division Bench at Mumbai on 22.11.2004, Writ Petition No.4936 of 2006, decided by the Division Bench at Mumbai on 22.01.2007, Writ Petition No.5177 of 2006, decided by the Division Bench at Mumbai on 09.02.2007, Writ Petition No.4166 of 2000 as well as Writ Petition No.1647 of 2003, decided on 21.06.2001 and 04.06.2003, respectively, identical directions have been issued.

5. The decision of this Court in the matter of Arjun Hari Narkhede & others Vs. Khandesh College Education Society, Jalgaon & another, (decided by Division Bench at Aurangabad on 09.06.2008 in Writ Petitions No.2881 of 2007 and 1401 of 2008) was a matter of challenge before the Supreme Court. The Hon'ble Supreme Court dismissed the Special Leave Petitions presented by the Institution and the College on 05.07.2011. While deciding the matter in the case of Khandesh College Education Society, Jalgaon & another Vs. Arjun Hari Narkhede & others, reported in 2011 (7) SCC 172, the Hon'ble Supreme Court has observed in paragraphs no.12 to 18, as quoted below:

"12. Rule 54 of the Maharashtra Civil Services (Leave) Rules, 1981 on which the learned counsel for the petitioners has placed reliance is quoted hereinbelow :

"54. Earned leave for persons serving in Vacation Departments –

(1) A government servant serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation.

(2) (a) In respect of any year in which a government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of