Bombay High Court
Narayan Rajaram Dhule vs State Of Maharashtra, Ministry Of ... on 25 April, 2022
Bench: S.B. Shukre, Mukulika Shrikant Jawalkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2870/2021
1. Narayan Rajaram Dhule,
aged 72 Yrs., Occ. Retired,
R/o Mahajanwadi, Wana Dongri,
Nagpur. ... Petitioner
- Versus -
1. State of Maharashtra,
through Secretary, Ministry of
Education and Employment,
Mantralaya, Mumbai 400 032.
2. The Joint Director,
Higher Education (Grants), Nagpur.
3. Rashtra Sant Tukdoji Maharaj
Nagpur University, Maharajbagh
Road, Civil Lines, Nagpur,
through its Registrar. ... Respondents
-----------------
Mr. Dr. R. S. Sundaram, Advocate with Ms. U.R. Tanna, Advocate
for the petitioner.
Ms. N.P. Mehta, A.G.P. for respondent Nos.1 and 2.
Mr. Atul Pande, Advocate for respondent No.3.
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CORAM : SUNIL B. SHUKRE AND
SMT. M.S. JAWALKAR, JJ.
DATE : 25 APRIL 2022
ORAL JUDGMENT ( Per Sunil B. Shukre, J.)
Heard. Rule. Rule made returnable forthwith.
Heard finally by consent.
2. The petitioner is aggrieved by the decision of the
University in not allowing him to encash 300 days earned leave
which stands to the credit of the petitioner, fully at the time of his
retirement.
3. The learned counsel for the petitioner submits that
the University has allowed only 40 days of encashment of earned
leave standing to the credit of the petitioner and this itself shows
that the petitioner is otherwise entitled for availing of the benefit
of encashment of whatever earned leave that stands to his
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credit. He also submits that even otherwise, this Court in two of
it's judgments has held that once an employee is reinstated in
service with all benefits, some of the benefits which are otherwise
available to such an employee cannot be denied to him at the time
of his retirement. This is the view taken by this Court in Writ
Petition No.2632/2005 (Dr. Prakash Mistri V/s. Registrar,
Nagpur University, Nagpur and another), decided on 4th August
2016 and Writ Petition No.7395 /2018 (Vitthal Damodhar
Hedau V/s. State of Maharashtra and others), decided on 4 th June
2019, and so states the learned counsel for the petitioner.
4. In this case, it is not in dispute that the petitioner has
been reinstated in service with all consequential benefits and that
means that at the time of his retirement, the petitioner would be
entitled to get all the retiral benefits which include full
encashment of the earned leave standing to the credit of the
petitioner. This is also the view taken by this Court in Writ
Petition No.7395/2018 which follows the view taken in Writ
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Petition No.2632/2005, decided on 4th August 2016. Therefore,
it was not permissible for the University to allow the petitioner to
encash earned leave of 40 days only when it is the contention of
the petitioner that 300 days earned leave stands to the credit of
the petitioner and the petitioner is entitled to encash the same
fully.
5. In view of the above, we direct the University i.e.
respondent No.3 to examine the claim of the petitioner regarding
standing of 300 days earned leave to the credit of the petitioner
and if it is found to be true, we further direct respondent No.3 to
grant to the petitioner leave encashment of whatever days of
earned leave standing to the credit of the petitioner which has
remained to be encashed after considering the encashment of 40
days of earned leave by the petitioner.
6. A decision in this regard may be taken at the earliest,
preferably within eight weeks from the date of receipt of copy of
the order.
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7. Rule is made absolute in the above terms. No costs.
(SMT. M.S. JAWALKAR, J.) (SUNIL B. SHUKRE, J.)
Tambaskar.
