Judgment

Hidayatullah

( 1 ) THIS is an appeal against the summary dismissal of a writ petition filed by the appellant in the High court of jammu and Kashmir under the following circumstances.

( 2 ) THE appellant is a lady doctor who was appointed as an assistant Surgeon Grade 1 in the State of Jammu and Kashmir on 30/11/1957 Before her appointment, she had been trained at glancy Medical College, Amritsar by attending a course of M. B. B. S. for which the State government paid her a stipend of Rs. 6,300. 00. An agreement was then entered into by the appellant with the State government that on the completion of her training she would serve the government for a period of seven years and further that if she did not to serve, the would return the money loaned to. There was also a condition that a penalty of Rs. 5,000. 00 might be imposed on her in a case she failed to perform her part of the obligation under the agreement. The appellant joined her Service on 4/12/1957. On 14/01/1961, she proceeded on 10 days casual leave. She did not report for duty but sent an application for leave for six months later she again applied for another six months leave and remained absent from duty. Leave wa