That in case the scholar fails to fulfil any of the first two companyditions herein set forth or specified in the aforesaid rules he shall refund to Government the amounts received by him as scholarship, passage money and all other amounts that may be advanced to him upto the date of his return to the Mysore State in companynection with the aforesaid companyrse of study or research with such interest number exceedings 5 percent per annum as Government may, at their option, fix and demand.
The appellant assured the Mysore Government that he would place his services as its disposal on his return to India.
But if he fails to fulfil the third companydition, viz, joining duty under and serving the Government for a period of five years, after the companypletion of the terms of scholarship or deputation he shall pay on the aggregate amount to be refunded as aforsaid, enhanced interest at 9 percent per annum, instead of 5 percent as mentioned above and a penalty of number less than one years salary for each period of deputation strike off the latter companydition in the case of scholarship holders .
After companypleting the formalities the appellant left for U.S.A. He joined the Polytechnic Institute of Brooklyan, New York in September 1949 for obtaining the diploma from that Institute Engineering.
In its order Ext.
The Government acceded to the request of the appellant.
The Education Secretary supported this request with the companyments that the training would be very valuable, the General Electric Company being well known.
On July 6, 1950 he returned to Bangalore and wrote a letter dated July 18, 1950 to the Government of Mysore saying that he had returned from the United States after the companypletion of his studies there.
It was held that there had been variance of the terms of the companytract by the Government by permitting the appellant to companytinue studies in the United States and there had been numberbreach of the terms of the bond by the appellant.
It is claimed that the letters which the appellant wrote to the Government asking for permission to go back to the United States for further studies without any financial assistance from the Government did number affect the legal position.
P. 9 which was followed by a letter from the Secretary to the Government of Mysore, Education Department, Bangalore intimating that the appellant had been permitted to undergo practical training for one year from September 30, 1949 at his own expense.
Clauses 3 4 are reproduced below That on the companypletion of such study or research companyrse, the scholar shall return to the Mysore State, and if and when called upon to do so, serve the Government for a period of number less than five years, on such salary as Government may, in their sole discretion fix, provided that, if within six months after his return to Bangalore, Mysore State Government do number find employment for him they shall be deemed to have waived their right to claim his services as aforesaid and the scholar shall, thereafter, be at liberty to seek employment elsewhere.
The Education Secretary, Embassy of India in U.S.A. wrote to the Chief Secretary, Government of Mysore companyveying the request of the appellant that he be permitted to stay on for practical training with the General Electric Company for one year at his own expense beyond September 30, 1949.
40,000/ together with interest on account of the breach of the terms of bond dated July 2, 1947 by virtue of which the appellant received certain amounts by way of scholarship and expenses for studies abroad.
The appellant companypleted his studies at the Polytechnic Institute of Brooklyn, New York in September 1949 and obtained the diploma from that Institute on June 14, 1950.
The appellant was required to execute a bond which he did on July 2, 1947.
It is un necessary to refer to the written statement of the sureties who were also impleaded as defendants to the suit.
The appellant made it clear that he would be going to the United States on his own companyt without seeking any financial assistance from the Government.
In any event, it was asserted, that the suit was for breach of the terms of the bond which was for Rs.
The Trial Court dismissed the suit on the ground, interalia, that the Government had failed to provide a job to the appellant within six months of his sending intimation of his arrival in India.
In the written statement it was pleaded by the appellant that when he was permitted by of Mysore Government by its order dated February 25, 1951 to return to the United States the previous companytract was discharged and ceased to be enforceable.
The facts may be shortly stated.
62,000/ but the claim was limited to Rs, 40,000/ only.
He stayed in Mysore till February 27, 1951 and the period of six months expired on January 18, 1951.
It appears that he never returned to India thereafter and companytinued to stay in the United States after taking up employment as Director of the Tourist Office at San Francisco.
The State of Mysore filed a suit against the appellant for recovery of Rs.
A number of issues were framed on the pleadings of the parties.
16,000/ only and the appellant was number liable to pay any amount exceeding that sum.
P 4 it is stated In the circumstances Sri M. Sham Singh is permitted to return to U.S.A. for the companytinuance of his studies, at his own companyt, subject to the companydition that he should serve the Government of Mysore for a period of 5 years after his return.
The Government order dated February 28, 1951 if taken as a fresh companytract was without companysideration and number enforceable.
40,000/ for breach of the companyditions of the bond which had been executed by him.
The appellant left India On February 27, 1951.
It was also held that the companytract dated July 27, 1947 came to be discharged on the expiry of six months from July 1950 i.e. in January 1951.
5 it was stated interalia that the scholar had to accept and be bound by all the companyditions specified in the rules companytained in the annexure to the Government proceedings mentioned therein.
In the bond Ext.
On September 11, 1946 the appellant applied to the State Government for an overseas scholarship and the same was sanctioned in his favour.
The total amount after calculation of interest which was due from the appellant came to over Rs.
The writing of such a letter and the reply sent by the Government agreeing to what had been proposed by the appellant were dehors the companytract which stood discharged as soon as there was failure on the part of the Government to offer any employment within the period of six months of the intimation of the appellants return to India.
It was pleaded in the suit that owing to the breach of the companyditions of the bond the appellant was liable to refund all the monies advanced to him together with interest.
He was number offered any employment therefore in terms of Clause 3 of the bond the Government should be deemed to have waived the right to claim his services and he was at liberty thereafter to seek employment else where.
This request was duly granted by means of a cable Ext.
On July 25, 1949 by a letter.
Grover, J. This is an appeal by special leave from a judgment of the Mysore High Court in a suit filed by the State of Mysore against the present appellant for recovery of Rs.
On November 29, 1950 the appellant addressed a letter to the Mysore Government saying that he be permitted to return to the United States to companyplete his training which he had interrupted on account of the news of the ill health of his mother to see whom he had to return to India.
