Punjab-Haryana High Court
Sant Longowal Institute Of Engineering ... vs Suresh Chandra Verma on 23 August, 2012
Author: Hemant Gupta
Bench: Hemant Gupta, Rajiv Narain Raina
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision: 23.8.2012
LPA No. 363 of 2012
Sant Longowal Institute of Engineering & Technology and another
......Appellants.
vs.
Suresh Chandra Verma .....Respondent
CORAM: - HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: - Mr. Ankit Goel, Advocate for the appellants. HEMANT GUPTA, J Challenge in the present appeal under Clause X of the Letters Patent is to an order passed by learned Single Judge of this Court on 2.2.2012, wherein the demand of the appellants for refund of the amount of Rs. 12,32,126/-, the salary for the period of study leave to pursue Ph.D program was set aside.
Respondent-writ petitioner was granted leave for pursuing Ph.D program on 24.7.1999. He joined his duties after leave period on 22.7.2002. Earlier, the request made by the writ petitioner for extension of six months for completion of Ph.D program was turned down. Before the writ petitioner was granted leave, he has furnished a bond to serve the appellant herein for a period of six years after completion of the study leave. It is not disputed that in fact, the writ petitioner has worked for a period of six years, after he completed the period of study leave.
Learned Single Judge has allowed the writ petition holding that the refund cannot be claimed.
Learned counsel for the appellants could not point out any condition in the conditions of grant of study leave that the writ petitioner has to complete the Ph.D program within a period of three years. The only condition was that he has to serve for a period of six years after -2- availing the period of study leave. Admittedly, the respondent has completed such period of six years. He has also associated himself with Ph.D program but could not complete the same. There was no condition that the writ petitioner has to complete the Ph.D. Course in three years itself.
Therefore, we do not find that there is any error in the order passed by the learned Single Judge of this Court, which may warrant interference in appeal.
Dismissed.
(HEMANT GUPTA) JUDGE (RAJIV NARAIN RAINA) JUDGE 23.8.2012 preeti