R.K. Agrawal, A.C.J., & N. Paul Vasanthakumar, J.

1. This writ appeal is preferred against the order made in W.P.No.3771 of 2011 dated 7.6.2011, which was filed by the first respondent herein with a prayer to quash the order of the third appellant herein dated 5.3.3011 and direct the the appellants herein to relieve her from the post of Senior Lecturer (Physics) from the Karaikal Polytechnic College, Karaikal, in accordance with Rule 63 of CCS (Leave) Rules, 1972.

2. The case of the first respondent herein/writ petitioner before the learned single Judge was as follows:

(a) The first respondent was appointed in the Polytechnic College, established and administered by the Pondicherry Institute of Post-Matric Technical Education (hereinafter called as "PIPMATE") and she joined as Lecturer in Physics on 24.11.1994. She worked as Lecturer (Senior Scale) in Indira Gandhi Polytechnic College at Mahe.

(b) On 28.6.2006, she requested the first appellant to forward her application seeking permission to join in Smt.Indira Gandhi College, Tiruchirapalli, to pursue Ph.D. Programme in "Computer Networks" and applied for study leave of 24 months from 1.10.2006 to 30.9.2008. According to the first respondent, as per AICTE norms, possession of Master degree or Ph.D. in teaching is a pre-requisite qualification for getting Selection Grade Pay under the career advancement scheme and the appellants also permit 15% of sanctioned faculty to go on study leave.

(c) On 3.7.2002 guidelines were issued by PIPMATE for the teachers availing study leave, wherein it is stated that the teachers availing study leave, must execute a bond to serve in the Institute for a period of five years instead of three years and any teacher, who wants to resign the job before the bond period, can do so only after collecting the amounts from the teachers, which includes the salary paid for the entire period of study leave and also the pay and allowances for the un-expired portion of the bond period.

(d) The first respondent/writ petitioner executed an Undertaking and was granted study leave to pursue Ph.D programme from 1.10.2006 to 30.9.2008. She executed the bond undertaking to refund the entire expenditure incurred by the Indira Gandhi Polytechnic College at Mahe, and that she will add value to the academic upliftment of PIPMATE.

(e) The first respondent underwent Ph.D programme and during the study leave period, she was promoted to the post of senior Lecturer on regular basis and was posted to work in the Karaikal Polytechnic College. After completion of Ph.D programme, she rejoined duty as Lecturer on 1.10.2008 and as per the bond condition, she has to work till 30.9.2013.

(f) The first respondent, before expiry of the said bond period, applied to the post of Professor and Associate Professor in the University of Pondicherry, stating that she will refund the entire expenditure incurred by her as per the bond condition. The application was forwarded by the Principal of the Polytechnic College, Karaikal and she was called for an interview by Pondicherry University, pursuant to which she attended the interview on 27.11.2010. The PIPMATE also issued NOC on 23.11.2010, and she was selected for the post of Reader (Associate Professor in Computer Science) and was directed to join in 30 days along with relieving order.

(g) Pursuant to her selection as Reader in the Pondicherry University, the first respondent sent her resignation letter. The first appellant informed the Principal of the Polytechnic College to collect the amounts as per the bond condition from the first respondent before accepting her resignation, pursuant to which the first respondent was directed to refund a sum of Rs.3,26,626/-towards leave salary (study leave salary) and to pay a sum of Rs.24,28,080/- towards the pay and allowances for the un-expired portion of the bond period from 1.2.2011 to 30.9.2013, i.e, a total of Rs.27,54,706/-to PIPMATE. The contention of the first respondent was t