Madras High Court
P.Ganesapandian vs The Director Of Medical Education And ... on 20 September, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.20351 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.20351 of 2024
and
W.M.P(MD) Nos.17255 and 17257 of 2024
P.Ganesapandian ... Petitioner
Vs.
1. The Director of Medical Education and Research,
Directorate of Medical Education and Research,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai – 600 010.
2. The Dean,
Office of the Dean,
Government Raja Mirasudar Hospital,
Thanjavur.
3. The Dean,
Office of the Dean,
Government Medical College,
Pudukkottai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, calling for the records relating
to the impugned order in Ref.No.9375/E1/2014, dated 18.12.2020 passed by
the second respondent and quash the same.
1/8
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.20351 of 2024
For Petitioner : Mr.M.J.Ameer Hussain
For Respondents : Mr.J.Ashok
Additional Government Pleader
ORDER
The instant Writ Petition has been filed by a Post Graduate Degree
Holder (Paediatrics) seeking to quash the order dated 18.12.2020, wherein
the second respondent has demanded a sum of Rs.35,41,557/- towards breach
of bond executed by the writ petitioner to perform his duty until his
superannuation.
2. The petitioner herein got admission in MD (Paediatrics) through
service quota in Madras Medical College in the year 2009 and he completed
the same in the year 2012. While joining the said course, the petitioner has
executed a bond agreeing to serve the Government till superannuation and in
case of any breach, he would pay a bond amount of Rs.10,00,000/-. After
completion of this course, he has joined as an Assistant Professor of
Paediatrics Department in the second respondent's Medical College,
Thanjavur, on 01.05.2012 and he worked till 31.10.2014. Thereafter, the
petitioner has not attended duty.
https://www.mhc.tn.gov.in/judis
3. This has prompted the second respondent to pass the impugned order
demanding the proportionate bond amount of Rs.9,10,332/- and also
calculating interest for the unserved period of 22 years and 7 months at the
rate of interest 13% per annum. Totally a sum of Rs.35,41,557/- has been
demanded from the writ petitioner under the impugned order. This order is
under challenge in the present writ petition.
4. According to the learned counsel appearing for the writ petitioner,
though the writ petitioner is obliged to pay the proportionate bond amount, he
is liable to pay the interest only from the date of demand and not for the entire
unserved period. The learned counsel appearing for the petitioner had relied
upon the judgment of this Court in W.P(MD) No.12167 of 2022, dated
13.09.2022, wherein this Court has held that the Doctor is liable to pay the
bond amount along with interest from the date of demand and the interest
cannot be calculated for the entire unserved period. Hence, he prayed for
allowing this writ petition.
5. Per contra, the learned Additional Government Pleader appearing for
the respondents extensively relying upon the counter had contended that the
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disciplinary proceedings were initiated as against the writ petitioner, based
upon the charge memo dated 07.06.2016, for his unauthorized absence.
Despite several notices, he has not appeared and disciplinary proceedings are
pending and final orders are yet to be passed.
6. The learned Additional Government Pleader appearing for the
respondents further contended that the petitioner has given a letter on
24.07.2023, agreeing to pay a sum of Rs.9,00,332/-. Again, another letter was
submitted by the petitioner on 27.10.2023, agreeing to pay the bond amount.
Despite that, the petitioner has not come forwarded to pay the bond amount
along with interest. Hence, the impugned order came to be passed and he
prayed for sustaining the order impugned in the writ petition.
7. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
8. It is not in dispute that the petitioner has obtained admission in MD
Paediatric Course under the service quota, after executing a bond that he
would serve in the Government Department till his retirement. It is also not in
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dispute that after serving till 31.10.2014, the petitioner had remained absent
unauthorisedly and proceedings have been initiated as against the petitioner
for un-authorized absence. In such circumstances, the petitioner though
initially agreed to rejoin duty, at a later point of time had come forwarded to
the pay the bond amount along with interest. However, the present impugned
order has been challenged only on the ground that the interest is calculated
for the entire unserved period.
9. This Court, in Paragraph No. 7 of the order in W.P(MD) No.12167 of
2022, dated 13.09.2022 has held as follows:
“7. It is also beyond dispute that the writ
petitioner failed to comply with the bond
condition. As per the bond condition, the petitioner
was obliged to serve the Government of Tamil
Nadu till she attains the age of superannuation.
The petitioner would attain the age of
superannuation only in 2040. But she had
abandoned the Government service in the year
2016 itself. Therefore, the petitioner was obliged
to pay the bond amount. The bond condition is that
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the petitioner has to pay a sum of Rs.10 Lakhs
together with interest from the date of demand till
the date of payment. Nowhere it has been
stipulated that interest will be calculated for the
remaining period of the writ petitioner's service. In
the aforesaid decision relied on by the learned
Special Government Pleader, I do not find any
such proposition as claimed by the respondents.
Therefore, the impugned demand is partly quashed
and the writ petitioner has to pay the bond amount
of Rs.10 lakhs with interest from the date of
demand till the date of payment. This writ petition
stands partly allowed.”
10. In view of the above said order of this Court, the petitioner is
directed to pay the bond amount of Rs.9,10,332/- along with interest at the
rate of 13 % p.a., from the date of demand, namely, 18.12.2020 till it is
remitted to the Government account by the writ petitioner.
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11. Accordingly, this writ petition stands partly allowed by setting aside
the impugned order which demands interest for the entire unserved period.
There shall be no order as to costs. Consequently connected Miscellaneous
Petitions stand closed.
20.09.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Director of Medical Education and Research,
Directorate of Medical Education and Research,
162, Periyar E.V.R. High Road,
Kilpauk, Chennai – 600 010.
2. The Dean,
Office of the Dean,
Government Raja Mirasudar Hospital,
Thanjavur.
3. The Dean,
office of the Dean,
Government Medical College,
Pudukkottai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
20.09.2024
https://www.mhc.tn.gov.in/judis
