Oral Judgment:

G.S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India is filed praying for the following substantive relief:

                    "a. for a writ of mandamus, for a writ in the nature of mandamus or for any other appropriate writ, directing the Respondent no. 1 and Respondent no 2 to pay forthwith the amount of encashment of earned leave for 300 days alongwith interest @ 21% p.a. on the said amount from the date of retirement of the Petitioner i.e. 1/05/05 till the full and final realization of the said amount."

2. The facts lie in a narrow compass. The petitioner was in the service of Fergusson College at Pune as a Lecturer (Senior Scale) in Statistics, which is established and administered by the Deccan Education Society, respondent No.1. The tenure of service of the petitioner was from 15 June 1973 to 30 April 2005, where the petitioner retired after attaining the age of superannuation.

3. It is the petitioner's case that as per Rules and Regulations of the provisions of the Pune University Statutes governing the terms and conditions of service of teachers appointed in the University and colleges, she was entitled to Earned Leave up to a minimum of 300 days to her credit, which was required to be maintained in her service book by the Principal of the institution. As the petitioner was deprived of the encashment of Earned Leave, the petitioner, made several representations for grant of Earned Leave as per the Statutes of the Pune University, and more particularly Statute 424(c) and University Circular No. CCO 627 dated 7 July 2005, and to credit the same to her account. Ultimately, the petitioner approached the Chairman, Grievance Committee, University of Pune, which considered the petitioner's grievance and took a decision dated 12 March 2009 recommending that the petitioner be granted the benefit of encashment of Leave as per Statute No.424(c) of the University of Pune. The recommendations of the Grievance Committee were placed before the Management Council of the University of Pune, which took a decision accepting the recommendations made by the Grievance Committee. Despite the decision of the Management Council, respondent Nos.1 and 2 were not granting benefit of encashment of Earned Leave to the petitioner. The petitioner has filed the present petition.

4. Learned counsel for the petitioner would submit that the decision of the Management Council has not been challenged by respondent No.1, hence the same has attained finality. He has also placed reliance on the recent decision of the Division Bench of this Court in Vilas Harishchandra Waghodekar and Anr. Vs. The State of Maharashtra and Ors(Writ Petition No.6391 of 2018 decided on 27 February 2026)., wherein a Coordinate Bench of this Court at Aurangabad, in identical circumstances and referring to the similar orders passed in the case of Khandesh College Education Society, Jalgaon and Anr. Vs. Arjun Hari Narkhede and Ors((2011) 7 SCC 172)., V. S. Agarkar Vs. The Chairman, grievance Cell Committee, Pune University and Ors(Writ Petition No.4936 of 2006). and Madhav Natha Mali and Ors. Vs. State of Maharashtra and Ors(Writ Petition No.4899 of 2016)., allowed the petition by granting the benefit.

5. We find that the grievance of the petitioner stands concluded by the decision of this Court as rendered by a Coordinate Bench. We find from the record that although the petition is pending since 17 years, there is no opposition to this petition filed on behalf of the respondent Nos.1 and 2.

6. In this view of the matter, this petition would be required to be allowed. It is accordingly allowed in terms of prayer clause (a). However, interest at the rate of 9% per annum be paid on the amounts to be released in favour of the petitioner.