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2009 Supreme(Mad) 3035

P.K.MISRA, D.HARIPARANTHAMAN
Union of India rep. by Secretary & Others – Appellant
Versus
The Registrar & Another – Respondent


Advocates appeared:
For the Petitioners:P.H. Aravind Pandian, Advocate. For the Respondents:Parthiban, M/s. Paul & Paul, Advocates.

Judgment :

P.K. Misra, J

The present writ petition has been filed by Union of India and two others challenging the order passed by the Central Administrative Tribunal (in short "Tribunal), whereunder the Tribunal has allowed the Original Application filed by the present Respondent No.2 and directed refund of Rs.2,40,800/- with interest at the rate of 9% to Respondent No.2.

2. The facts giving rise to filing of such O.A.No.30 of 2005 and thereafter the present writ petition are recounted in a nutshell.

The present Respondent No.2, who was the applicant before the Tribunal, was appointed under Railways under Talent Scouting Scheme as he was an eminent Table Tennis player. He served Railways from 7. 2001 to 7. 2004. At the time of employment, a service bond has been executed stipulating a condition that he should serve the Railways for a period of three years. While the applicant was so serving, he was offered with better employment by Indian Oil Corporation (I.O.C.). At that time, when the applicant wanted to resign from the post and to be relieved, he was advised as per the Railway Board Letter R.B.E.No.120/85 dated 24. 1985 to remit the salary for a period of three years as per the c














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