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(g) Pursuant to her selection as Reader in the Pondicherry University, the first respondent sent her resignation letter. The first appellant informed the Principal of the Polytechnic College to collect the amounts as per the bond condition from the first respondent before accepting her resignation, pursuant to which the first respondent was directed to refund a sum of Rs.3,26,626/- towards leave salary (study leave salary) and to pay a sum of Rs.24,28,080/- towards the pay and allowances for the un-expired portion of the bond period from 1.2.2011 to 30.9.2013, i.e, a total of Rs.27,54,706/- to PIPMATE. The contention of the first respondent was that she was entitled to a sum of Rs.7,22,738/- towards VI Pay Commission arrears from 8.10.2008 to 31.8.2010 and the said amount is payable by PIPMATE.

3. The learned counsel appearing for the appellants submitted that the bye-laws of PIPMATE will bind the service conditions of the employees of PIPMATE. PIPMATE is an autonomous body, governed under the rules and regulations. As per Rule 7(2) of the Rules and Regulations, the Governing Body is empowered to make subsidiary rules as and when deemed necessary for the management and running of the polytechnic and other institutions, and Rule 7(22) empowers the Governing Body to frame such rules and regulations and bye-laws for the conduct of the business of the society for the achievement of the objects of the association. The learned counsel further submitted that as per the Rules, the Governing Body is entitled to make bye-laws from time to time. Rule 15 empowers amendment of Memorandum of Association of Rules and Regulations, subject to the approval of the Government and also with the approval of 2/3rd of the members of the Governing Body, and as such, the service conditions of the employees of PIPMATE is governed under the Rules and Regulations and allowing the writ petition relying on the CCS (Leave) Rules, 1972, particularly Rule 63, is unsustainable.

6. PIPMATE is a registered Association under the Societies Registration Act, 1860, bearing registration No.209 of 1988. The first respondent was employed in PIPMATE as Lecturer in Physics to take classes in Polytechnic College and the PIPMATE is having separate rules and regulations for administration and service conditions of its employees. The first respondent applied for study leave by application dated 28.6.2006 for a period of 24 months from 1.10.2006 for the purpose of undergoing Ph.D. programme in the field of "Computer Networks". The first respondent while applying for study leave, gave an undertaking and also executed necessary bonds as per the Rules and Regulations framed by PIPMATE. As per the service rules applicable to the first respondent, the persons who are going on study leave for pursuing higher study, will have to execute a bond to serve under PIPMATE for a period of five years, which was previously fixed as three years, and if an incumbent wants to resign the job before expiry of five years of bond period, the same can be permitted only after collecting the amount paid to him/her during the entire period of his/her study leave and the pay and allowance for the un-expired portion of the bond period. The said decision was taken by the Governing Body in its 21st meeting held on 3rd July, 2002. The said decision is not challenged by the first respondent.

9. The Rules and Regulations of PIPMATE is the rule applicable to the first respondent and all employees of PIPMATE, which is the special Rules and Regulations framed by the PIPMATE. The learned single Judge has given a finding that Rule 63(3) of the CCS (Leave) Rules, 1972 will have to be applied, under which only three years service after completing Ph.D is required and the first respondent served for two years and three months, which is the substantial portion of the bond period.

10. In the light of the above referred Rules and Regulations of PIPMATE, Rule 63(3) of the CCS (Leave) Rules, 1972 cannot be made applicable as it is a well settled proposition of law that special rules will prevail over the general rule. Admittedly the first respondent has not challenged the rule imposing five years bond period after completion of Ph.D programme, which was decided by the Governing Body in its meeting held on 3.7.2002 and she applied for study leave only on 28.6.2006, i.e., four years after the said rule was changed. The first respondent was aware of the said rule, and having given an undertaking and executed a bond to serve for five years after completion of Ph.D. Programme, she is estopped from contending that the said rule/regulation cannot be applied and only the CCS (Leave) Rules, 1972 will apply. The conduct of the first respondent in applying for waiver of bond period clearly establishes the applicability of the Rules and Regulations of PIPMATE.