KHANDESH COLLEGE EDUCATION SOCIETY, JALGAON &ANR. versus ARJUN HARI NARKHEDE & ORS.

KHANDESH COLLEGE EDUCATION SOCIETY, JALGAON &ANR. versus ARJUN HARI NARKHEDE & ORS.

Lecturers/Demonstrators in aided private colleges affiliated to universities are entitled to earned leave and encashment of such leave on retirement as per Statutes 424(3) and 424(C) of University of Pune, as these statutes continue in force under Section 115(2)(xii) of the Maharashtra Universities Act, 1994 unless modified or superseded, and are not affected by government directives; Rule 54 does not apply as respondents are not government servants.

Parties
Petitioner: Khandesh College Education Society, Jalgaon; Respondent: Arjun Hari Narkhede; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
05 July 2011
Procedural Posture
Special Leave Petition (civil) / Disposal of SLP After Common Orders of High Court
Outcome
Special Leave Petitions disposed of, leave not granted.
Legal Topics
Earned Leave, Leave Encashment, Retirement Benefits, Educational Institution Employment, Statute Interpretation
Service Law Earned Leave Leave Encashment Retirement Benefits Educational Institution Employment Statute Interpretation

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Parties

Khandesh College Education Society, Jalgaon

Petitioner

Arjun Hari Narkhede

Respondent

State of Maharashtra

Respondent

Procedural Posture

Special Leave Petition (civil) / Disposal of SLP After Common Orders of High Court

Legal Issues

  1. 1 Whether Lecturers/Demonstrators working in a private aided college affiliated to North Maharashtra University are entitled to earned leave and encashment of unutilized earned leave on retirement under University statutes despite State Government directives
  2. 2 Whether Statutes 424(3) and 424(C) of University of Pune remain applicable and valid for leave encashment despite government resolutions/directives

Ratio Decidendi

Lecturers/Demonstrators in aided private colleges affiliated to universities are entitled to earned leave and encashment of such leave on retirement as per Statutes 424(3) and 424(C) of University of Pune, as these statutes continue in force under Section 115(2)(xii) of the Maharashtra Universities Act, 1994 unless modified or superseded, and are not affected by government directives; Rule 54 does not apply as respondents are not government servants.

Court Disposition

Special Leave Petitions disposed of, leave not granted.

Orders

  • Three months' time granted to petitioners to comply with impugned High Court orders.
  • No costs ordered.