IMPORTANT POINTS
Clause 4.3 provides for reimbursement of the salary of the substitute teacher appointed by the College in place of the teacher selected for award of Teacher Fellowship by the UGC. As far as the instant case is concerned, there is evidence to effect that a substitute teacher was appointed in the place of the respondent and that the UGC had reimbursed the salary of that substitute teacher. Under such circumstances, the bond cannot be interpreted or understood as restricting the amount payable by the teacher to a sum of Rs.7,000/-.

JUDGMENT :

V.G.ARUN, J.

This writ petition has come up for consideration based on the reference order of a learned Single Judge, doubting the correctness of the judgment rendered by another learned Single Judge in W.P.(C) No.884 of 2013. The question that arises for consideration is regarding the liability of a Teacher in an aided College, who is granted Fellowship by the University Grants Commission for doing Ph.D, to refund the salary and other benefits received during the Fellowship, on the failure of the Teacher to acquire Ph.D Degree within the period of Fellowship.

2. The petitioner, while working as Selection Grade Lecturer at the N.S.S. College, Pandalam was awarded “Teacher Fellowship” under the Faculty Improvement Programme (FIP) of the UGC Xth plan period. The period fixed for completing the Ph.D Course was from 1.6.2005 to 31.3.2007. The petitioner did not acquire Ph.D within the stipulated time or even within the extended time and in fact, acquired the qualification only on 31.12.2016, much after her retirement from service on 31.3.2010. Due to the failure on the part of the petitioner to acquire Ph.D degree within the fellowship period, proceedings were initiated for recovery of an amount of Rs.3,07,590/-from the petitioner, being the contingency plus substitute salary paid to her during fellowship period.

3. In the writ petition, the petitioner has challenged this liability fixed as per Exts.P7, P8 and P9 and the consequential recovery proceedings. The petitioner has also sought a direction to release the DCRG amount due to her without any deduction. In support of her contention, the petitioner relied on the judgment in W.P.(C) No.884 of 2013, wherein under similar circumstances, it was held that failure to acquire Ph.D within the stipulated period, would entail only a penalty of Rs.7,000/-with interest and not refund of the entire salary and emoluments received during the period of Fellowship. For arriving at such conclusion, the learned Single Judge had relied on the terms of the bond executed by the Lecturer, on his/her being selected for Fellowship. The relevant portion of the Bond, which was Ext.P3 in W.P.(C) No.884 of 2013 and is Ext.R3(f) in the instant case, is as follows:-

“NOW THE ABOVE WRITTEN OBLIGATIONS IS THAT in the event of the Bounden failing to serve the N.S.S College, Pandalam for a period of three years immediately and continuously after her return to duty on completion of her course the Bounden and Sureties shall forthwith pay to the Government on demand the amounts referred to above together with interest thereon at Government rates for the time being in force on Government loans and in case the Bounden fails to complete the course successfully within the grace period the Bounden and Sureties shall pay to the Government a penalty of Rs. 7000/-(Rupees Seven Thousand Only) together with interest at the rate mentioned above unless the Bounden successfully complete the course at her own expense within two years from the date of expiry of the period of deputation and upon payment of all such sums the above written obligation shall be void and of no effect otherwise this shall be and remain in full force and effect.”

Interpreting the said Clause, it was held in W.P. (C) No.884 of 2013 as follows:-

“8. What could be discerned from above is that the pay and other allowances given to the petitioner could be recovered by the Government only if the petitioner fails to join duty within a period of 3 years from completion of the course. The respondents have no case that the petitioner has (not) rejoined duty within the aforesaid period. However, if the petitioner fails to complete the course successfully within the grace period, it shall be duty of the petitioner to pay a sum of 7,000/-(Rupees seven thousand only) together with interest at the rates specified therein. The respondents can quantify the liability only in tune with the agreed terms in Ext.P3, and the 2nd respondent cannot go beyond the agreed ter