T MUTHUKUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The prayer in the writ petition is to quash the order dated 10.10.2005 passed by the first respondent and direct the respondents to refund the total amount of Rs.7,07,525/- collected from the petitioner towards service bonds, based on his representation dated 17.11.2004.

(2.) The brief facts necessary for disposal of the writ petition are as follows:

(3.) The respondents have filed counter affidavit and denied the averments made in the affidavit. It is stated in the counter affidavit that deputation of the petitioner for training was granted on his executing bonds twice to serve the Government for the period of study leave or to pay the amount equivalent to two years pay and allowances together with interest. After completing the training he joined duty on 8.3.2003 and he submitted his resignation on 10.8.2003 with a request to accept his resignation from 11.8.2003. Before accepting the resignation one has to remit all contractual obligation amounts to the Government and three months notice is also mandatory before tendering the resignation. It is further stated in the counter affidavit that the petitioner was paid stipend i.e., pay and allowances and other benefits while he was permitted to undergo M.D.(General Medicine) course. The petitioner, though studied D.M.(Nephrology) at Chandigarh at his own cost, the said period was treated as study period and it could be counted for pension if he continued in service. He also executed a bond and it is not cancelled till date and therefore he has to fulfil the conditions contained in the bond. Similarly the ISN Fellowship at New York undergone by the petitioner, though with his own cost, the said period has also been treated as study period and it could also be counted for pension if he continued in service. Petitioner having executed the bond and the same having not been cancelled, he has to fulfil the conditions contained in the bond. The amount has been collected from the petitioner as per FR.11A and Rule 17 of the Tamil Nadu Study Leave Rules, 1965. The request made by the petitioner to refund the bond amounts was rejected considering the fact that he has agreed at the time of permitting him to undergo the studies, more particularly taking note of the conduct of the petitioner in not serving the patients of the state. The request made by the petitioner to cancel the bonds were also rejected. It is also stated in the counter affidavit that having remitted the amounts for accepting the resignation without any protest, he is not entitled to seek refund of the amounts paid so long as the acceptance of the resignation stands.