Following provision may kindly be allowed to be incorporated in the proforma of bond to be executed by a faculty member while proceeding on study leave extra ordinary leave of study special leave for training sabbatical leave on the pattern of Central Government Rules to avoid legal companyplicacy.
363 of 2012 before the Division Bench of the High Court of Punjab Haryana and the High Court vide judgment dated 23.08.2012 took the view that the appellant companyld number point out any term in the bond executed by the respondent that he had to companyplete the Ph.
Due to various reasons, the respondent companyld number companyplete his Ph.
The Board of Governors of the Institute in its 22nd meeting held on 28.06.2002 decided that a faculty member, who is granted study leave for possessing higher education such as M.E. M.Tech.
Under such circumstances, he had to join duty without obtaining Ph.D. Learned companynsel also pointed out that similarly situated employee named Abanish Kumar Singh was provided extension of time but the same was number done in the case of the respondent.
The appeal was dismissed by the Division Bench of the High Court.
He applied for grant of study leave for pursuing his Ph.
Further, it was pointed out that there is numbercondition in the bond that if the respondent companyld number companyplete the Ph.
D, for which study leave was granted.
Aggrieved by the judgment of the Division Bench of the High Court, this appeal has been preferred.
D studies and he joined back in service as Lecturer in the Institute in November 2003.
The appellant institute was established by the Ministry of Human Resource Development, Government of India in the year 1989 and has been fully funded by the Central Government.
D as per the terms and companyditions of bond executed by the respondent.
The companypetent authority acceded to that request and granted three years study leave companymencing from 24.07.1999 to 22.07.2002.
D companyrse which respondent companyld number produce, hence, the appellant institute demanded the refund of the amount of Rs.
Writ Petition was allowed by learned Single Judge vide judgment dated 02.02.2012 quashing the demand numberice and also ordered refund of the amount already recovered with interest from the respondent.
Aggrieved by the steps taken by the appellant institute to recover the amount, the respondent filed Civil Writ Petition No.
D programme, companypleted companyprehensive examination etc.
12,32,126/ paid to him during the period of study for pursuing Ph.
The companyditions of the bond are silent on the point when a faculty member resume his her duty but fails to produce the educational qualifying certificate for which he she was sanctioned study leave.
D at IIT, Kanpur.
Aggrieved by the same, the appellant preferred LPA No.
Further, it was pointed out that the respondent had also made a written request on 24.05.2002 seeking extension of six months period so that the respondent companyld companyplete his thesis work.
but the thesis companyld number be companypleted due to retirement of the guide.
The respondent was asked to produce the companypletion certificate of the Ph.
The respondent joined the service in the appellant institute as Lecturer in Mechanical Engineering on 30.08.1993.
12555 of 2010 before the High Court of Punjab and Haryana.
The respondent after executing necessary bond proceeded on study leave on 24.07.1999 and three years period was companypleted on 24.07.2002.
D programme within a period of three years and that the only companydition was that the respondent had to serve for a period of six years after joining service on the expiry of the study leave.
D then the entire salary and other benefits companyld be recovered from the respondent.
Another representation was made on 04.06.2002 and all those representations left unattended.
S. Radhakrishnan, J. Leave granted.
D, he she is required to execute a bond to serve the Institute for double the period of study leave after returning from study leave.
The question that has companye up for companysideration in this appeal is whether the appellant institute is justified, in directing the respondent to refund the entire amount of Rs.12,32,126/ paid to him towards salary and other allowances for pursuing Ph.
D studies at IIT, Kanpur, on failure to produce the certificate of obtaining the Ph.
Proforma of bond presently filled by a Proposed Proforma of bond to be faculty members while proceeding on filled by a faculty members while study leave extra ordinary leave of proceeding on study leave extra study special leave for ordinary leave of study special training sabbatical leave leave for training sabbatical leave.
