Kerala High Court
Lbs Centre For Science & Technology vs Anver S.R on 3 March, 2017
Author: K. Surendra Mohan
Bench: K.Surendra Mohan, Mary Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
&
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
THURSDAY, THE 1ST DAY OF JUNE 2017/11TH JYAISHTA, 1939
WA.No. 896 of 2017 () IN WP(C).5414/2017
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AGAINST THE ORDER/JUDGMENT IN WP(C) 5414/2017 of HIGH COURT OF KERALA
DATED 03-03-2017
APPELLANT(S)/PETITIONER:
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1. LBS CENTRE FOR SCIENCE & TECHNOLOGY,
NANDAVANAM,PALAYAM,THIRUVANANTHAPURAM-695033,
REPRESENTED BY ITS DIRECTOR.
2. PRINCIPAL,
LBS INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA,THIRUVANANTHAPURAM.
BY ADV. SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE
RESPONDENT(S)/RESPONDENT/PETITIONER:
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ANVER S.R.,
S/O SHAHABDEEN, ASSOCIATE PROFESSOR,
DEPARTMENT OF COMPUTER SCIENCE & ENGINEERING,
LBS INSTITUTE OF TECHNOLOGY FOR WOMEN,
POOJAPPURA,THIRUVANANTHAPURAM,(NOW WORKING AS
ASSOCIATE PROFESSOR, LBS COLLEGE OF ENGINEERING,
P.O.MULIYAR,KASARAGOD-671542,RESIDING AT HASEENA
MANZIL,KUTTICHAL.P.O,THIRUVANANTHAPURAM DISTRICT.
R1 BY ADV. SRI.K.S.MADHUSOODANAN
R BY SRI.M.SREEKUMAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-06-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Skk
K. Surendra Mohan & Mary Joseph, JJ.
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W.A. No.896 of 2017
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Dated this the 01st day of June, 2017
J U D G M E N T
K. Surendra Mohan, J.
Respondents in W.P.(C) No.5414/2017 are in appeal. As per judgment dated 03.03.2017 the learned single Judge has disposed of the writ petition granting facility to the respondents to pay amounts due to the appellants herein in six equal monthly instalments starting from 01st April, 2017. The respondent was working as an Assistant Professor under the first respondent. He was permitted to join for a Ph.D Course under the Quality Improvement Programme, on the basis of Ext.P1 order dated 30.06.2015. As a condition for availing the facility, he had executed Ext.P3 bond wherein he has undertaken that if he does not complete the course, successfully or discontinues the higher studies without the explicit prior permission of LBS Centre, he shall pay to the first appellant all amounts paid or spend by the Centre W.A. No.896 of 2017 2 on his account during the period for which he was undergoing higher studies, including deputation allowances, scholarships, travelling expenses, study tour expenses, etc. with interest at the rate of 10% from the respective dates on which amounts were paid or spent on his behalf and in addition, a sum of Rs.50,000/- by way of liquidated damages towards the loss sustained by the centre on account of the breach committed by him. After having been relieved on the basis of Ext.P3 bond, to do his Ph.D Course the respondent discontinued his studies as per Ext.P6 request, sought permission to rejoin duty. He had approached this Court with the writ petition complaining that he was not allowed to rejoin duty. As per the judgment appealed against the learned single Judge has, on the basis of instructions received by the standing counsel, permitted the respondent to remit the amount payable to the first appellant in six equal monthly instalments starting from 1st April, 2017.
2. According to the counsel for the appellants though the respondent had been permitted to pay the amounts due in W.A. No.896 of 2017 3 instalments, he has defaulted the payments thereof. Since, no default clause has been stipulated in the judgment, it is contended that the appellants are faced with a situation where, after having permitted the respondent to rejoin duty they are not able to recover the amounts due from him.
3. Adv. K.S.Madhusoodanan, appears for the respondent. A counter affidavit has been filed pointing out that as per the judgment of the learned single Judge, what has been directed is to pay the arrears of salary paid during the period that he had been pursuing his Ph.D Course. Therefore, according to the counsel, the amount demanded as first instalment is more than what is actually due or payable by the respondent. According to the counsel therefore, there has been no default on the part of the respondent in complying with the stipulations contained in the judgment of the learned single Judge. Though a cheque for the instalments had been tendered the same was not received by the appellants stating that it did not represent the correct amount payable.
4. Heard. It is not in dispute that the respondent had W.A. No.896 of 2017 4 undertaken his Ph.D Course, after executing Ext.P3 bond. Ext.P3 bond stipulates specifically that, in the event of the respondent discontinuing his studies he would have to pay back all the amounts that the appellants had incurred as expenses during the period that he was permitted to pursue his studies. Therefore, we have no doubt in our minds that, the amount that the respondent is required to pay is the amount stipulated by Ext.P3. As per Ext.P3 bond payment of interest at 10% p.a. as well as payment of liquidated damages is stipulated. The respondent will have to discharge the said liability to the appellants. Therefore, we clarify that what is directed by the judgment of the learned single Judge is the payment of the entire amount due from the respondent as per Ext.P3 bond to the appellant. The amount has been quantified in Annexure A2.
4. The above being the position, this writ appeal is disposed of with the following directions:
(i) The liability of the respondent is to pay back the entire amount that is stipulated by Ext.P3 as quantified in Annexure A2.
(ii) The three instalments that are now remaining W.A. No.896 of 2017 5 defaulted shall be reminded by the respondent on or before 15.06.2017.
(iii) The remaining three instalments shall be remitted on or before the 15th August, 2017 respectively.
This writ appeal is disposed of accordingly.
Sd/-
K. SURENDRA MOHAN, JUDGE Sd/-
MARY JOSEPH, JUDGE Skk/100717 Clause (iii) of the judgment dated 01-06-2017 in W.A. No.896/2016 is corrected and substituted as "The remaining three instalments shall be remitted on or before 15th July, 2017, 15th August, 2017 and 15th September, 2017 respectively", as per order dated 05-07-2017 in I.A.No.770/2017 in W.A. No.896/2017 Sd/-
Registrar (Judicial) //TRUE COPY// P.A. TO JUDGE W.A. No.896 of 2017 6