A teacher's liability to refund salary for not completing a Ph.D. remains enforceable under the bond despite continued service, ensuring compliance with statutory provisions.

JUDGMENT

Muralee Krishna S., J.

This writ appeal is filed under Section 5 (i) of the Kerala High Court Act , 1958, by the petitioner in W.P.(C)No.857 of 2019, challenging the judgment dated 14.12.2021 passed by the learned Single Judge in that writ petition.

2. W.P.(C)No.857 of 2019 was one filed by the appellant- writ petitioner who retired from service on 31.03.2011 while working as an Associate Professor in the Department of Physics, at the Christian College, Kattakada, a college affiliated with the University of Kerala, invoking the jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs:

“i) Call for the records leading to the issuance of Ext.P6 letterNo.N3/44467/2011/Collegiate Education Department dated 12.02.2018 of the Collegiate Education Director, the 2^nd respondent and to quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction;

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the Death Cum Retirement Gratuity (D.C.R.G.) amount together with interest, due to the petitioner forthwith;

iii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2^nd respondent to issue the Non-Liability Certificate in respect of the petitioner forthwith; so as to enable the 4^th respondent to disburse the D.C.R.G. amount to the petitioner”.

3. In the writ petition, the 2^nd respondent, Director of Collegiate Education, filed a counter affidavit dated 22.02.2019 opposing the reliefs sought. The appellant - writ petitioner filed a reply affidavit dated 26.06.2019 to that counter affidavit. The learned Single Judge considered W.P.(C)No.857 of 2019 along with a connected writ petition, i.e., W.P.(C) No.12996 of 2019, and by the judgment dated 14.12.2021, quashed Ext.P6 communication dated 12.02.2018 of the 2^nd respondent Director of Collegiate Education, on the ground that the demand made therein for refund of salary to the tune of Rs. 5,75,258/- together with interest at the rate of 12.5% is barred by limitation, in view of the period of limitation prescribed under Section 18 of the Limitation Act , 1963. However, the consequential reliefs sought for, that is, a writ of mandamus commanding the respondents to disburse the DCRG amount due to the appellant, together with interest; and a writ of mandamus commanding the 2^nd respondent to issue a non-liability certificate in respect of the appellant to disburse the DCRG due to her, were declined. Feeling aggrieved, the appellant filed the present writ appeal.

4. On 27.01.2021, when the writ appeal came up for admission, notice before admission was ordered to respondents 5 and 6 by speed post. The learned Government Pleader took notice for respondents 1 to 4.

5. On 07.07.2022, when the writ appeal came up for consideration before the Division Bench, the learned counsel for the appellant submitted that insofar as the learned Single Judge has chosen to set aside Ext.P6 communication, the respondents ought to have been directed to disburse the DCRG payable to the appellant with interest. The learned counsel contended that Ext.P6 communication is unsustainable in law since the appellant has no liability to reimburse the pay and allowances received during the period of deputation, in terms of the bond that has been executed. The learned counsel placed reliance on the decision of a Division Bench of this Cour