918-WP-1201-2008.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2008 The Secretary, Deccan Education Society And Anr. ...Petitioners Versus The State of Maharashtra And Ors. ...Respondents __________ None present for the Petitioners. Mr. Abhijeet K. Naik, AGP for the State/Respondent. Mr. Rajendra Anbhule, Advocate for Respondent No. 4. __________ CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ. DATE : 14th NOVEMBER, 2025. P.C. : 1. On 12th November, 2025, we passed the following order :- “1. None for the Petitioners. 2. The learned Advocate appearing on behalf of the University, Respondent No. 4, relies upon the State of Maharashtra & Ors. v/s. Nowrosjee Wadia College & Ors. (2013)11 SCC 762, to support the stand of the State that though the Statute permits leave encashment, it is not the State Government, which has to pay the encashment and it is the responsibility of the College Management. 3. List this Petition on 14th November, 2025 for disposal.” 2. The learned Advocate for the University, Respondent No. 4 relies upon a judgment of the Division Bench of this Court in Gokhale Gitalaxmi 918-WP-1201-2008.odt Education Society and Others v/s. State of Maharashtra and Others 2018 SCC OnLine Bom 10479, which supports his contention that it is the Management that has to pay the leave encashment. 3. None appears for the Petitioners’ Management even today, either in the Court Hall or through the video conferencing mode. No one has mentioned on behalf of the Petitioners. 4. Considering the law laid down in Nowrosjee Wadia College (supra) and Gokhale Education Society (supra), this Petition could have been decided in the absence of the Petitioners. 5. Since none is appearing for the Petitioners on repeated dates, this Petition is dismissed for default. Rule is discharged. [ASHWIN D. BHOBE, J.] [RAVINDRA V. GHUGE, J.] Gitalaxmi GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2025.11.19 12:52:49 +0530