Case Note & Summary
The petitioner, Mrs. P. G. Limaye, was a lecturer (Senior Scale) in Statistics at Fergusson College, Pune, which is established and administered by the Deccan Education Society (respondent No.1). She served from 15 June 1973 to 30 April 2005, when she retired upon attaining superannuation. The petitioner claimed that under the Rules and Regulations of the Pune University Statutes, particularly Statute 424(c) and University Circular No. CCO 627 dated 7 July 2005, she was entitled to earned leave up to a minimum of 300 days, which should have been credited to her service book by the Principal. She made several representations for encashment of the earned leave but was not paid. Consequently, she filed a writ petition under Article 226 of the Constitution of India seeking a mandamus directing the respondents to pay the amount of encashment of earned leave for 300 days with interest at 21% per annum from the date of retirement (1 May 2005) till realization. The court considered the facts and the applicable statutes. The court noted that the petitioner was entitled to the benefit as per the statutes and circular. The court allowed the petition and directed the respondents to pay the amount of encashment of earned leave for 300 days with interest at 6% per annum from the date of retirement till the date of actual payment. The court also directed that the payment be made within eight weeks from the date of the order.
Headnote
A) Service Law - Earned Leave Encashment - Entitlement to Leave Encashment - Pune University Statute 424(c) and University Circular No. CCO 627 dated 7 July 2005 - Petitioner, a retired lecturer, claimed encashment of 300 days earned leave. Court held that the petitioner is entitled to encashment of earned leave as per the applicable statutes and circular, and directed payment with interest at 6% per annum from the date of retirement till realization. (Paras 1-4) B) Constitutional Law - Writ of Mandamus - Enforcement of Service Benefits - Article 226 of the Constitution of India - Petitioner sought mandamus for payment of leave encashment. Court allowed the petition and directed the respondents to pay the amount with interest. (Paras 1, 4)
Issue of Consideration
Whether the petitioner is entitled to encashment of earned leave for 300 days along with interest from the date of retirement.
Final Decision
The petition is allowed. The respondents are directed to pay the amount of encashment of earned leave for 300 days to the petitioner with interest at 6% per annum from the date of retirement (1 May 2005) till the date of actual payment. The payment shall be made within eight weeks from the date of the order.
Law Points
- Earned leave encashment is a statutory right
- University Statute 424(c) governs leave entitlement
- Interest on delayed payment of leave encashment
- Mandamus for enforcement of service conditions
