Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Leave encashment benefit Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Leave encashment benefit - To the teachers of Pune University employed with Government affiliated colleges - Provided by the statutes 424(3) and 424(C) of University of Pune framed under Poona University Act, 1974 - Enactment of Maharashtra Universities Act, 1994 resulted in repeal of 1974 Act - Instruction by Government to Universities to discontinue benefit of leave encashment - State also directed the University to amend the University statutes with retrospective effect and till then to bear expenses incurred in payment of leave encashment - Statutes 424(3) and 424(C) not modified or superseded - Directions of the State challenged by institutes before High Court seeking mandamus to reimburse the amount paid by them to the teachers by way of leave encashment - High Court directed the State to reimburse the amount - On appeal, held: Though the 1974 Act entitle the teachers of affiliated colleges the benefit of leave encashment, but neither the 1974 Act nor the 1994 Act oblige the State to extend this benefit - Merely because the University statute provides for the benefit, it does not entitle the University/College to claim reimbursement from the State as of right - The State was also justified in issuing directives to the Universities to amend their statutes -Maharashtra Universities Act, 1994 - s. 115 - Poona University Act, 1974 - Statutes of Pune University- Statutes 424(3) and 424(C). |
Judge | Hon'ble Mr. Justice G.S. Singhvi |
Neutral Citation | 2013 INSC 63 |
Petitioner | State Of Maharashtra And Others |
Respondent | Nowrosjee Wadia College And Others |
SCR | [2013] 4 S.C.R. 303 |
Judgement Date | 2013-01-29 |
Case Number | 531-532 |
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