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Bombay High CourtWP/14794/2017disposed offdismissed for default

Pandurang Pandharinath Thube v. The State Of Maharashtra And Others

2018-06-11Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Sunil K. Kotwal3 pages

{1} 159 - WP 13418 of 2017 & ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 159 WRIT PETITION NO. 13418 OF 2017 Shriram Baburao Pisal and others ..Petitioners

Versus

The State of Maharashtra and others.

..Respondents ...

WITH 160 WRIT PETITION NO. 13419 OF 2017 Suresh Tukaram Kharat and another ..Petitioners

Versus

The State of Maharashtra and others.

..Respondents ...

WITH 173 WRIT PETITION NO. 14794 OF 2017 Pandurang Pandharinath Thube ..Petitioners Verus The State of Maharashtra and others.

..Respondents ...

Mr.P.R.Patil and Mr.P.A.Pisal, Advocates for Petitioners.

Mr.S.B.Yawalkar, Mr.S.G.Karalekar and Mr.P.N.Kutti AGP for Respondents/State.

Mr.A.V.Hon, Advocate for Respondent Nos.5 & 6. ...

{2} 159 - WP 13418 of 2017 & ors. WITH 177 WRIT PETITION NO. 15051 OF 2017 Shankarrao Balaji Thube ..Petitioner

Versus

The State of Maharashtra and others.

..Respondents ...

Adv.Madhuri U.Kakde, Advocate for Petitioner. Mr.S.B.Yawalkar, AGP for Respondents.

Mr.A.V.Hon, Advocate for Respondent Nos.3 &4. ...

CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE: 11th June, 2018 PER COURT:- 1.

We have heard learned counsel for the respective parties.

2.

The petitioners are claiming benefit of leave encashment.

3.

It is not disputed that the Statute 424 (C) of the Savitribai Phule Pune University has been repealed.

4.

It has not been disputed by the learned counsel for the parties that the petitioners, who have retired after the repeal of Statute 424(C) of the Savitribai Phule Pune University, would not be

{3} 159 - WP 13418 of 2017 & ors. entitled for the leave encashment.

5.

In view of that, those petitioners, who have retired prior to repeal of the said Statute may submit the record available with them to the management. The management shall verify its record and shall thereafter, consider the amount that the petitioners would be entitled under the head of leave encashment. After verifying the amount payable to the petitioners, the respondentmanagement shall make payment to the petitioners within a period of three months from the date the petitioners approach the management.

6.

Writ petitions are accordingly disposed of. No costs.

(SUNIL K.KOTWAL, J.) (S.V.GANGAPURWALA, J.) SPT