H GOWRI SHANTHI Vs. DEAN MEDICAL COLLEGE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THE brief facts of the case are as follows: THE petitioner was selected by the Tamil Nadu Public Service Commission for the post of Assistant Surgeon, during the month of August, 1997. Pursuant to the said selection, on 26.11.1997, the Director of Public Health and Preventive Medicine had directed the petitioner to join duty as a Medical Officer, at Vellalore Primary Health Centre, Madurai District. Accordingly, the petitioner had joined the duty, on 18.12.1997. After she had served as a Medical Officer in the Primary Health Centre, for more than two years, she was selected for the post Graduate course, (M.S. General Surgery) in Madurai Medical College.

(3.) THE petitioner was granted a post graduate stipend of Rs.1600/- per month, from 10.4.1996 to 31.7.1997 and Rs.2, 500/- per month, from 1.8.1997 to 31.3.1998, as per the bond of agreement executed by her. As per the letter No,907/COEVII(1)/98, dated 15.4.1998, issued by the Vice- Chancellor, the Tamil Nadu Dr.M.G.R. Medical University, the petitioner was one of the eight post graduate diploma candidates, who were not permitted to write the final year examinations, held in the month of April, 1998, for want of completion of their respective courses, as they had left the courses to join the Tamil Nadu Medical service, without getting the proper relieving orders from the Dean, Madurai Medical College, Madurai. In such circumstances, the order, dated 11.1.2001, in Ref.27578/ME-5/97, had been issued by the first respondent to recover the amount of Rs.1, 600/- paid as stipend to the petitioner, per month, from 10.4.1996 to 31.7.1997 and an amount of Rs.2, 500/- paid as stipend, per month, from 1.8.1997 to 18.12.1997.