LAW FOR ALL

whether respondent Nos.1 and 2 are entitled to reimbursement of the amount paid to the teachers by way of leave encashment under the statutes framed by the Pune University. - In fact, the Grievance Committee had given a report in favour of the petitioner which was dealt by the Grievance Committee after petition came to be filed.= institution will be entitled to claim reimbursement by way of grant from the respondent - State. Only correction requires to be done is that the liability of the State would be subject to claim of the respondent being admissible under law. Therefore, we add a sentence at the conclusion of Paragraph No. 9 if admissible under law. The State Government also took cognizance of the orders passed by the High Court in Writ Petition No. 2671/2006 and Contempt Petition No. 191/2006 and directed that the University Statutes should be amended with retrospective effect and till then, the concerned University should bear expenses incurred in payment of leave encashment. This was reiterated vide letter dated 20.10.2008 sent by the Director of Education (Higher Education), Maharashtra to all the universities.= the provisions contained in the 1981 Rules are not applicable to the university teachers and the teachers of the affiliated colleges because they are not Government servants but this cannot lead to an inference that the affiliated colleges are entitled to reimbursement of the amount paid to the teachers in lieu of earned leave.- till the Statutes, which are not inconsistent with the provisions of the 1994 Act, are modified or superseded the same shall continue to remain in force. However, these observations cannot be interpreted in a manner which would entitle the university or the affiliated colleges to claim reimbursement.- In the result, the appeals are allowed, the impugned orders are set aside and the writ petition filed by respondent Nos. 1 and 2 is dismissed. The parties are left to bear their own costs.