Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Earned leave |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service law - Earned leave - Encashment of unutilized earned leave on retirement - Lecturers/Demonstrators were working in Vacation Department of a private College established by petitioners-College Education Society - Entitlement for earned leave and for encashment of unutilized earned leave on their retirement - Held: The lecturers/ demonstrators were entitled to earned leave and encashment of earned leave as per the provisions of Statutes 424(3) and 424(C) - Though State Government had issued directives from time to time to the Universities to amend the Statutes so as to ensure that lecturers or teachers working in Vacation Department were disentitled to earned leave and encashment of earned leave, but Statutes 424(3) and 424(C) which entitled the said teachers to earned leave and encashment of earned leave, were not modified or superseded - Also no provisions in the Act to the effect that Statutes of a University which are inconsistent with the directives of the State Government would be invalid - Section 115(2) (xii) rather states that Statutes which are not inconsistent with the provisions of the Act and which have not been modified or superseded shall continue to be in force - University of Pune Statutes - Statutes 424(3) and 424(C) - Maharashtra Universities Act, 1994 - s. 115(2) G (xii). |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2011 INSC 456 |
Petitioner | Khandesh College Education Society, Jalgaon &anr. |
Respondent | Arjun Hari Narkhede & Ors. |
SCR | [2011] 7 S.C.R. 175 |
Judgement Date | 2011-07-05 |
Case Number | 17039-17040 |
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