Sant Longowal Instt.Of Engg.& Tech.& ... vs Suresh Chandra Verma

3. The appellant-institute was established by the Ministry of Human Resource & Development, Government of India in the year 1989 and has been fully funded by the Central Government. The respondent joined the service in the appellant-institute as Lecturer in Mechanical Engineering on 30.08.1993. He applied for grant of study leave for pursuing his Ph.D at IIT, Kanpur. The competent authority acceded to that request and granted three years study leave commencing from 24.07.1999 to 22.07.2002. The respondent after executing necessary bond proceeded on study leave on 24.07.1999 and three years period was completed on 24.07.2002. Due to various reasons, the respondent could not complete his Ph.D studies and he joined back in service as Lecturer in the Institute in November 2003. The respondent was asked to produce the completion certificate of the Ph.D course which respondent could not produce, hence, the appellant-institute demanded the refund of the amount of Rs. 12,32,126/- paid to him during the period of study for pursuing Ph.D as per the terms and conditions of bond executed by the respondent.

5. Aggrieved by the same, the appellant preferred LPA No. 363 of 2012 before the Division Bench of the High Court of Punjab & Haryana and the High Court vide judgment dated 23.08.2012 took the view that the appellant could not point out any term in the bond executed by the respondent that he had to complete the Ph.D programme within a period of three years and that the only condition was that the respondent had to serve for a period of six years after joining service on the expiry of the study leave. The appeal was dismissed by the Division Bench of the High Court.

|Proforma of bond presently filled by a |Proposed Proforma of bond to be | |faculty members while proceeding on |filled by a faculty members while| |study leave / extra ordinary leave of |proceeding on study leave / extra| |study/special leave for |ordinary leave of study / special| |training/sabbatical leave |leave for training / sabbatical | | |leave. | |KNOW ALL MEN BY THESE PRESENTS THAT |KNOW ALL MEN BY THESE PRESENTS | |I,___________resident of ____________ at|THAT I, ________ resident of | |present employed as __________ in the |_________ in the district of | |Sant Longowal Institute of Engineering &|___________ at present employed | |Technology, do hereby bind myself and my|as _______in the Sant Longowal | |heirs, executors and administrators to |Institute of Engineering & | |pay to the Director, Sant Longowal |Technology, do hereby bind myself| |Institute of Engineering & Technology |and my heirs, executors and | |(hereinafter called the Institute) on |administrators to pay to the | |demand the sum of |Director, Sant Longowal Institute| |Rs.____________(Rs.____________only) |of Engineering & Technology | |together with interest thereon from the |(hereinafter called the | |date of demand at Government rates for |Institute) the total amount of | |the time being in force on Government |leave salary and other expenses | |loans or, if payment is made in a |incurred by the Institute, if | |country other than India, the equivalent|any, along with bond money | |of the said amount in the currency of |prescribed the Institute together| |that country converted at the official |with interest thereon from the | |rate of exchange between that country |date of demand at Government | |and India AND TOGETHER WITH all costs |Rates for the time being in force| |between attorney and client and all |on Government loans or if payment| |charges and expenses that shall/or may |is made in a country other than | |have incurred by the Institute. |India, the equivalent of the said| | |amount in the currency of that | |WHEREAS I, ___________, am granted |country converted at the official| |______(kind of leave) by Institute. |rate of exchange between that | | |country and India AND TOGETHER | |AND WHEREAS for the better protection of|WITH all costs between attorney | |the Institute, I have agreed to execute |and client and all charges and | |this bond with such condition as |expenses that shall/or may have | |hereunder is written |incurred by the Institute. | | |WHEREAS I, ___________am granted | |NOW THE CONDITION OF THE ABOVE WRITTEN |___________(kind of leave) by | |OBLIGATION IS THAT in the event of my |Institute. | |failing to resume duty, or resigning or | | |retiring from service or otherwise |AND WHEREAS FOR THE BETTER | |quitting service without returning to |protection of the Institute, I | |duty after the expiry of termination of |have agreed to execute this bond | |the period of study leave or at any time|with such condition as hereunder | |within a double the period of study |is written. | |leave after my return to duty, I shall | | |forthwith pay to the Institute or as may|AND WHEREAS for the better | |be, directed by the Institute on demand,|protection of the Institute, I | |the said sum of Rs.______________only |have agreed to execute this bond | |together with interest thereon from the |with such condition as hereunder | |date of demand at Government Rates for |is written. | |the time being in force on Government | | |loans. |NOW THE CONDITION OF THE ABOVE | | |WRITTEN OBLIGATION IS THAT in the| |AND upon my making such payment the |event of my failing to resume | |above written obligation shall be void |duty, or resigning or retiring | |and of no effect, otherwise it shall be |from service or otherwise | |and remain in full force and virtue. |quitting service without | | |returning to duty after the | |The bond shall in all respects be |expiry or termination of the | |governed by laws of India for the time |period of study leave or failing | |being in force and the rights and |to complete the course of study | |liabilities hereunder shall, where |or at any time within the period | |necessary, be accordingly determined by |of sanctioned leave after my | |the appropriate courts in India. |return to duty, I shall forthwith| | |pay to the Institute the total | |The Institute has agreed to bear the |amount of leave salary and other | |stamp duty payable on this bond. |expenses incurred by the | | |Institute, if any, along with | |Signed and dated this __________day of |bond money prescribed by the | |one thousand nine hundred and signed and|Institute together with interest | |delivered by in the presence of |thereon from the date of demand | |_________________. |at Government Rates for the time | | |being in force on Government | | |loans. | | | | | |AND upon my making such payment | | |the above written obligation | | |shall be void and of no effect, | | |otherwise it shall be and remain | | |in full force and virtue. | | | | | |The bond shall in all respects be| | |governed by the laws of India for| | |the time being in force and the | | |rights and liabilities hereunder | | |shall, where necessary, be | | |accordingly determined by the | | |appropriate courts in India. |

17. Considering the facts and circumstances of the case and considering the fact that the bond executed by the respondent is found to be vague, we find no reason for the appellant-institute to recover the balance amount of Rs.6,18,000/- from the respondent but the amount already recovered be not refunded, since public interest has definitely suffered due to non- obtaining of Ph.D by the respondent after availing of the entire salary and other benefits. We do so taking into consideration all aspects of the matter and to do complete justice between the parties.

18. Appeal is allowed to the above extent and the judgment of the learned Single Judge and Division Bench is modified accordingly and no further amount be recovered by the appellant-institute from the respondent.