PREMASUKUMAR Vs. SECRETARY, HIGHER EDUCATION DEPARTMENT

JUDGEMENT

(1.) 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:-