JUDGMENT : R.M. Borde, J. 1. Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2. Petitioners, in this group of petitions are either retired college teachers or legal representatives of deceased teachers. Petitioners are claiming directions to the Respondent Colleges and the Institutions to pay them the amount payable towards encashment of earned leave standing to their credit on the date of their superannuation with interest, in accordance with rules, as expeditiously as possible, preferably within a period of three months. A direction is also sought for against the respective Colleges and the Institutions to comply with the directives issued by the University in respect of payment of the amount towards earned leave standing to their credit together with interest payable on the date of their retirement. 3. Petitioners are the retired employees and were in service of the respective colleges as lecturers/teachers. In view of provisions of Statute 424(3) and 424(c) of the North Maharashtra University, they are entitled to claim the amount of earned leave standing to their credit on the date of their retirement on superannuation. Petitioners raised claim for payment of amount towards encashment of earned leave to the respective colleges and the Institutions, however, their claims were not considered. As such, petitioners were compelled to approach Respondent No.3University for redressal of their grievance. The Grievance Cell of the University, on consideration of respective claims of the petitioners, tendered a report to the University holding entitlement of the petitioners to claim the amount of encashment of earned leave. The University also adopted a resolution in the meeting of the Academic Council and issued a communication to the College to verify the amount and pay the same to the respective petitioners. In spite of communication by the University and the resolution adopted by the Academic Council, which binds the respondent-college, no steps were taken. As such, petitioners are compelled to approach this Court. 4. The grievance raised by the petitioners, in these petitions, is no more res integra and in number of identical matters, directions have already been issued by this Court favouring the employees. As such, petitioners are compelled to approach this Court. 4. The grievance raised by the petitioners, in these petitions, is no more res integra and in number of identical matters, directions have already been issued by this Court favouring the employees. In Writ Petition No.6640/2004, decided by the Division Bench at Mumbai on 22.11.2004, Writ Petition No.4936 of 2006, decided by the Division Bench at Mumbai on 22.01.2007, Writ Petition No.5177 of 2006, decided by the Division Bench at Mumbai on 09.02.2007, Writ Petition No.4166 of 2000 as well as Writ Petition No.1647 of 2003, decided on 21.06.2001 and 04.06.2003, respectively, identical directions have been issued. 5. The decision of this Court in the matter of Arjun Hari Narkhede & others Vs. Khandesh College Education Society, Jalgaon & another, (decided by Division Bench at Aurangabad on 09.06.2008 in Writ Petitions No.2881 of 2007 and 1401 of 2008) was a matter of challenge before the Supreme Court. The Hon'ble Supreme Court dismissed the Special Leave Petitions presented by the Institution and the College on 05.07.2011. While deciding the matter in the case of Khandesh College Education Society, Jalgaon & another Vs. Arjun Hari Narkhede & others, reported in 2011 (7) SCC 172 , the Hon'ble Supreme Court has observed in paragraphs no.12 to 18, as quoted below: "12. Rule 54 of the Maharashtra Civil Services (Leave) Rules, 1981 on which the learned counsel for the petitioners has placed reliance is quoted hereinbelow : "54. Earned leave for persons serving in Vacation Departments – (1) A government servant serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation. (2) (a) In respect of any year in which a government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a government servant not in permanent employ in respect of the first year of his service. (b) If, in any year, the government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under Rule 50. (b) If, in any year, the government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under Rule 50. Explanation – For the purposes of this rule, the term "year" shall be construed as meaning not calendar year but twelve months actual duty in a Vacation Department. Note 1 - A government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation; provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. Note 2 - When a government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacations that fall during the year commencing from the date on which he completed the previous year of duty. (3) Vacation may be taken in combination with or in continuation of any kind of leave under these rules : Provided that the total duration of vacation and earned leave taken in conjunction, whether the earned leave is taken in combination with or in continuation of other leave or not, shall not exceed the amount of earned leave due and admissible to the government servant at a time under rule 50: Provided that the total duration of vacation, earned leave and commuted leave taken in conjunction shall not exceed 240 days." 13. From the very language of different provisions of Rule 54 of the Maharashtra Civil Services (Leave) Rules, 1981 it is clear that it applies only to "a government servant". Respondents 1 to 14 are not government servants and, therefore, cannot be denied earned leave on the basis of provisions made in Rule 54 of the Maharashtra Civil Services (Leave) Rules, 1981. 14. Respondents 1 to 14 are not government servants and, therefore, cannot be denied earned leave on the basis of provisions made in Rule 54 of the Maharashtra Civil Services (Leave) Rules, 1981. 14. On the other hand, Section 115 of the Act while repealing the different Acts applicable to different universities in the State of Maharashtra provides in subsection (2)(xii) that all Statutes made under the repealed Acts in respect of any existing university shall, insofar as they are not inconsistent with the provisions of the Act, continue in force and be deemed to have been made under the Act in respect of the corresponding university until they are superseded or modified by the Statutes made under the Act. Hence, Statutes 424(3) and 424(C) of University of Pune, which were applicable to the University, continue to be in force and are deemed to be made under the Act if they are not inconsistent with any provision of the Act or are not superseded, modified by Statutes made under the Act. 15. Section 5(60), 8 and 14(5) of the Act confer power on the State Government to exercise control over the University in some matters and also empower the State Government to issue directives to the University and cast a duty on the Vice-Chancellor to ensure compliance with such directives, but these provisions in the Act do not prohibit grant of earned leave to a teacher or Lecturer of any affiliated college who can avail a vacation from being entitled to earned leave or from being entitled to encashment of accumulative earned leave at the time of retirement. In other words, Statutes 424(3) an 424(C) of University of Pune are not in any way inconsistent with the provisions of the Act. The learned counsel for the petitioners and the State Government have also not brought to our notice any statute of the University modifying or superseding Statute 424(3) or Statute 424(C) of University of Pune which were applicable to the University. 16. Statutes 424(3) and 424(C) of University of Pune are extracted hereinbelow : "424. (3) Leave (a) (b) * * * (c) Earned leave (a) The confirmed non-vacation teacher shall be entitled to earned leave at the rate of one-eleventh of the period spent on duty subject to his accumulating maximum of 180 days leave. 16. Statutes 424(3) and 424(C) of University of Pune are extracted hereinbelow : "424. (3) Leave (a) (b) * * * (c) Earned leave (a) The confirmed non-vacation teacher shall be entitled to earned leave at the rate of one-eleventh of the period spent on duty subject to his accumulating maximum of 180 days leave. (b) The teacher other than the one included in (a) above shall be entitled to one twenty-seventh of the period spent on duty and the period of earned leave as provided in the proviso to Section 423 subject to his accumulation of maximum of 180 days. For this purpose the period of working days only shall be considered." * * * "424(C). Encashment of unutilized earned leave on superannuation – The teacher shall be entitled to encash earned leave in balance to his credit on the date of his superannuation subject to a maximum of 180 days. In case the teacher is required to serve till the end of academic session beyond the date of his superannuation, he shall be entitled to encash the balance of earned leave to his credit on the date of his actual retirement from service." 17. A reading of Statute 424(3) extracted above would show that clause (a) applies to confirmed non-vacation teachers and clause (b) applies to teachers other than non-vacation teachers and clause (b) clearly states that teachers other than non-vacation teachers shall be entitled to earned leave subject to their accumulation of maximum 180 days. Statute 424(C), quoted above, further provides that teachers shall be entitled to encash earned leave in balance to their credit on the date of his superannuation subject to a maximum of 180 days. 18. It, however, appears that the State Government has issued directives from time to time to the universities to amend the Statutes so as to ensure that Lecturers or teachers working in Vacation Departments are not entitled to earned leave and encashment of earned leave, but the fact remains that Statutes 424(3) and 424(C) of University of Pune have not been modified or superseded. There are also no provisions in the Act to the effect that the Statutes of a university which are inconsistent with the directives of the State Government will be invalid. There are also no provisions in the Act to the effect that the Statutes of a university which are inconsistent with the directives of the State Government will 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. Hence, Respondents 1 to 14 were entitled to earned leave and encashmnt of earned leave as per the provisions of Statutes 424(3) and 424(C) of University of Pune. 6. In view of the decision rendered by the Hon'ble Supreme Court in the matter of Khandesh College Education Society (supra) as well as the decision in other petitions, referred to above, instant petitions also deserve to be allowed. 7. Learned Counsel appearing for the respondents-colleges/institutions have strenuously urged that the belated claim raised by the petitioners is not liable to be accepted. Placing reliance on the judgment in the matter of State of U.P. & others vs. Arvind Kuman Srivastav & others, reported in 2015 (1) SCC 347 , as well as in the matter of State of M.P. & another vs. Bhailal Bhai, reported in AIR 1964 (SC) 1006 , it is urged that the belated claim raised by the petitioners is not liable to be considered and the petitions deserve to be dismissed on the ground of delay and latches. It is also contended that Writ Petition No.5545 of 2012 raising an identical issue, is pending consideration and as such, instant petitions deserve to be dismissed. 8. The judgments cited by the respondents do not have any relevance to the instant matters, in view of the decision of the Supreme Court in the matter of Khandesh College Education Society (supra), which deals with the same issue, which has been raised in the instant matter. Apart from this, it is the responsibility of the college to extend the benefit of encashment of earned leave to the employees and pay the amount at the time of their retirement on superannuation. In fact, the statutory responsibility cast on the college has not been performed by the concerned respondents and as such, it would not be permissible for the respondents to raise defence of delay and latches. In fact, the statutory responsibility cast on the college has not been performed by the concerned respondents and as such, it would not be permissible for the respondents to raise defence of delay and latches. Even otherwise, since entitlement of the employees on the identical circumstances has been upheld by the Supreme Court in the matter of Khandesh College of Education Society (supra), on interpretation of the statute of the University, the employees of the College, who are in the cadre of teacher/lecturer, are entitled to claim the benefit of encashment of earned leave and the benefit is receivable by the employees as a class. Since entitlement of the class of employees has been upheld by the Hon'ble Supreme Court, the petitioners, in the instant petitions, cannot be denied the same benefit. 9. In view of the reasons recorded above, instant writ petitions deserve to be allowed and same are accordingly allowed. Respondent-Institution and the College are directed to pay the monetary benefits towards encashment of earned leave standing at the credit of petitioners under statute 424(3) read with 424(c) of the North Maharashtra University, as expeditiously as possible, preferably within a period of three months from the date of the order. 10. Rule is accordingly made absolute. There shall be no order as to costs.