Ashwani Kumar Mishra, J. - (1.) Petitioner has filed the present writ petition challenging an order passed by the Registrar "Madan Mohan Malviya, University of Technology, Gorakhpur" dated 9.12.2015, contained in Annexure-6 to the writ petition, whereby petitioner's claim for being paid leave encashment has been declined. This order has been passed pursuant to an order passed by this Court in Writ Petition No. 59619 of 2015. Petitioner has also challenged the Government Orders dated 13.4.2000 and 18.8.2015, which provides that no leave encashment would be payable to employees of certain institutes, which includes the predecessor in interest of the University concerned.
(2.) Petitioner was initially appointed as Professor, Training and Placement in "Madan Mohan Malviya, Engineering College, Gora-khpur". The institution was initially an establishment of the State of U.P. and was affiliated to the "Uttar Pradesh Technical University, Lucknow". It is alleged in para-3 that the college, as was initially established, was fully owned and controlled by the State Government and was later on converted into a society under the Societies Registration Act in the name of "Madan Mohan Malviya, Engineering College Society, Gorakhpur".
(3.) Facts pleaded in that regard are not in issue though entitlement of petitioner to receive leave encashment is disputed. It transpires that later on, State of U.P. enacted U.P. Act No. 22 of 2013 being "Uttar Pradesh Madan Mohan Malviya University of Technology Act, 2013" (hereinafter referred to as the Act of 2013) to regulte the institution.. Section 4(4) of the Act of 2013 is relevant for the present purposes and is thus reproduced hereinafter:- "4(4) every person employed by the Madan Mohan Malviya Engineering College, Gorakhpur immediately before the commencement of this act shall hold his office or service in the University by the same tenure, of the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund, and other matters as he would have held if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or he has opted for the University's terms and conditions of employment.";