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2015 Supreme(Ori) 120
ORISSA HIGH COURT: CUTTACK
B.R. SARANGI, J.
Umesh Chandra Pati - Petitioner
Versus
State of Orissa and others - Opp. Parties
O.J.C. No. 419 of 2001
Decided on: 07.04.2015
Advocate Appeared:
For Petitioner: M/s U.K. Samal, B.R. Barik, S. Jena
For Opp.Parties:M/s B.K. Nayak, D.K. Mohanty, Mr. B. Senapati Add. Govt. Advocate
Headnote:SERVICE - Bond - Recovery of bond amount - Writ application seeking for a direction for refund of the recovered amount - Petitioner on his own commitment executed a bond and deposited the bond amount with interest and got relieved to join in another Institute, there is no scope to get refund of the deposited amount as he has not satisfied the condition stipulated therein to the extent that after returning he has not rendered three years of service to the Institution - Held, petitioner having not satisfied the condition stipulated in the bond is not entitled to get refund of the aforesaid amount.
Petitioner is obliged to perform his part of obligation in terms of the bond and as he has not completed the minimum period of double the study leave period, the bond amount has to be recovered from him and as such as per clause (e) of the bond, after returning from the higher studies the petitioner has to serve the ’institute or any of its subsidiaries for a period equivalent to the period of three years and he having not served the said period, he is liable to refund the amount in respect of pay and allowances, leave salary costs of his traveling and other expenses on account of his selection for higher studies for an amount of Rs. 95850/- along with interest of Rs. 15801/- totaling Rs. 1,11,651/-.
Judgment
B.R. Sarangi, J.
The petitioner, who was appointed as a Lecturer in Electrical Department in Indira Gandhi Institute of Technology, Sarang has filed this application seeking for a direction for refund of Rs.1,11,651/-, which has been recovered from him towards salary, leave salary and allowances received during the period from 20.07.1995 to 17.01.1997 along with interest thereon.
2. The short fact of the case in hand is that the petitioner was appointed as Lecturer in Electrical Department in Indira Gandhi Institute of Technology, Sarang on 18.5.1990. The petitioner having been selected, applied to undergo higher studies for M.Tech. Course at IIT, Kharagpur in the quality improvement programme for a period of one and half year as a sponsored candidate. The Principal, Indira Gandhi Institute of Technology, Sarang directed the petitioner to execute an undertaking to the effect that after returning from the higher studies the petitioner shall serve for a period of at least twice the period of deputation in the IGIT, Sarang vide letter dated 7.7.1995. Consequentially, the petitioner executed the bond on 10.07.1995 vide Annexure-3. Thereafter, the Principal relieved the petitioner on 15.7.1995 from his duty to enable him to prosecute his M.Tech. Course at IIT, Kharagpur. After successful completion of the M.Tech. Course at IIT, Kharagpur, the petitioner was relieved from the said institution on 17.1.1997. Consequentially, he submitted his joining report before the Principal, IGIT, Sarang on 22.1.1997. While he was so continuing, pursuant to the open advertisement issued by the Regional Engineering College, Rourkela for the post of Applied Electronics and Instrumentation Engineering, he submitted an application through IGIT, Sarang which was forwarded to the Registrar, REC, Rourkela on 13.5.1997. The petitioner appeared in the interview and having become successful, he was issued with an offer of appointment letter on 29.5.1997 by the REC, Rourkela calling upon him to join between 1.7.1997 to 12.7.1997 as Lecturer in the Department of A.E.I.E. at REC, Rourkela. On receipt of such offer of appointment, the petitioner requested the Principal, IGIT Sarang to relieve him from the post as he has been selected by following due procedure of selection by the REC, Rourkela, which is Govt. College. It has also been indicated that he has executed the bond to serve the institute for a period of three years. Since REC, Rourkela is a Govt. College, the bond be transferred to REC, Rourkela where the petitioner wanted to complete the balance bond period. In support of his contention, he has produced certain circulars/guidelines of the Government regarding the transfer of bond from one Government institution to another institution vide Annexure-8. The Principal, IGIT, Sarang did not accept the resignation of the petitioner and also did not relieve him from IGIT, Sarang. Consequentially the petitioner requested the Principal to deduct Rs.1,11,651/- which includes an amount of Rs.95,850/- and the interest of Rs.15801/-. On receipt of the entire amount, the petitioner was relieved on 20.11.1997 from his duties in order to enable him to join in his new assignment at REC, Rourkela. After joining at REC, Rourkela, the petitioner made several representations to the Principal, IGIT, Sarang for refund of the amount and also relied upon the circular of the Govt. of Orissa in Education and Youth Services Department dated 12.11.1984 vide Annexure-13 stating that the officers who are holding teaching post under any of the five Universities of the State under bond obligation to serve the Government for the specified time shall be permitted to complete the said bond period in any of the Universities. Relying upon such circular, the petitioner sought for refund of the amount. The same having not been acceded to, he filed this application.
3. Mr. U.K. Samal, learned counsel for the petitioner strenuously urged that in view of the circular vide Annexure-13 dated
