IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 OP.No. 4501 of 2002(J) ------------------------------- PETITIONER(S): ------------------------ DR. MOLYKUTTY JOHN, ASSISTANT PROFESSOR DIVISION OF CANCER RESEARCH REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM, PRESENTLY AT 20042, LAKE PARK DRIVE, GERMAN TOWN, MARYLAND 20874, U.S.A., REPRESENTED BY POWER OF ATTORNEY HOLDER ROBIN JOHN, PAINUMMOOTTIL, 6TH MILE, KOTTAYAM DIST BY ADVS. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN SRI.K.P.PADMAKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR, REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM - 695 011, KERALA. 2. EXECUTIVE COMMITTEE, REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM, KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADVS. SRI.K.R.RADHAKRISHNAN NAIR, SRI.P.J.JOSHI. R2 BY GOVT. PLEADER SRI.V.VIJULAL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss OP. NO.4501/2002 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O. 230/98/P&ARD DTD. 26.11.1998. ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE JUDGMENT OF THE DIVISION BENCH IN WRIT APEAL 2776/2000. P3:- COPY OF THE MEMO OF CHARGES SEND BY THE IST RESPONDENT TO THE PETITIONER. P4:- COPY OF THE EXPLANATION DATED 12TH SEPTEMBER SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. P5:- COPY OF THE LETTER NO.50/8/ADMN.1/2000 RCC. DTD. 31.16.2001. ISSUED BY THE IST RESPONDENT. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE HONOURABLE HEALTH MINISTER ON 19.12.2001. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - O.P. No. 4501 of 2002 - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this Original Petition with the following prayers: 1. to call for the records leading up to Ext.P5 and issue a writ of certiorari or other appropriate writ, order or direction and quash Ext.P5. 2. to declare Ext.P5 as null and void on the grounds that the 1st respondent has no power or authority to issue Ext.P5 in variance with Ext.P1 order issued by the 3rd respondent and that Ext.P1 had revoked/annulled the bond dated 21.08.1998. 3. to issue a writ of mandamus or other appropriate writ, order or direction compelling the first respondent to act within his jurisdiction circumscribed by Rule 18 of the Rules relating to the Regional Cancer Centre Society. 3. The petitioner was selected and appointed as Lecturer in Cancer Research in the Department of Cancer Research under the 1st respondent in 1991. She was awarded an American Cancer Society International Fellowship by International Union against Cancer (UICC). By resolution dated 27.07.1998 passed by the Executive Committee of the respondent the petitioner was permitted to undergo training for a period of 12 months on duty leave subject to the sanction of the Government. The petitioner was directed to execute a bond for `3 lakhs by the 1st respondent O.P. No.4501/2002 -:2:- agreeing to serve Regional Cancer Centre for a minimum period of 10 years after the completion of training failing which to pay a sum of `3 lakhs to the first respondent. The petitioner executed a bond on 21.08.1998 as per the resolution of the Executive Committee of Regional Cancer Centre. On 26.11.1998, the Government of Kerala issued G.O. (Rt) No.230/98/P&ARD dated 26.11.1998 according sanction to the petitioner to undergo training in the University of Florida, U.S.A from 15.08.1998 to 15.09.1999 and directed her to execute a bond in the prescribed form for a security of `35,000/- binding herself to serve the Government/Regional Cancer Centre for a period of not less than four years on completion of the course. After the completion of the course, the petitioner re-joined service on 14.09.1999. She applied for earned leave from 01.10.199 and the same was sanctioned. Later she was selected for a Post Doctoral Fellowship at National Institute of Health, U.S.A. As per application dated 09.03.2000, she applied for study leave without pay from the end of March, 2000 to September, 2001 and the same was rejected by the first respondent. She filed O.P. No. 16667 of 2000 before this Court challenging the refusal of the first respondent to grant study leave without pay to the O.P. No.4501/2002 -:3:- petitioner . This Court as per order dated 24.08.2000 dismissed the Original Petition. On appeal preferred by the petitioner as W.A. No. 2776 of 2006, this Court directed the petitioner to make a comprehensive representation before the Executive Committee of the Regional Cancer Centre. By Ext.P5 letter dated 31.10.2001 issued by the first respondent, the petitioner was directed to remit Rs.3 lakhs. It is the said order which is assailed in this Original Petition. 4. The bond executed by the petitioner was superseded by the Government Order. The learned counsel for the petitioner submits that the petitioner is ready and willing to deposit the amount of `35,000/- as directed in the Government Order within one month from today. Therefore, the impugned order under Ext.P5 is quashed and the petitioner is directed to deposit `35,000/- (Rupees thirty five thousand only) within one month from today, failing which the petitioner is liable to pay 6% interest on the amount from the date of claim till the date of payment. This Original Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv O.P. No.4501/2002 -:4:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 4501 of 2002 ------------------------------------------------------------- Dated this the 19th day of November, 2011. JUDGMENT