Sant Longowal Instt. of Engg. & Tech. & Anr. V/s Suresh Chandra Verma

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-07-18
Case No: 1180 of 2004
Case Type: Appeal (Civil)
Judge Name: K.S. Radhakrishnan & Pinaki Chandra Ghose
Subject: Service Law -Study Leave
Statutes / Acts: Constitution of India
Section: Art. 142 -- Central Civil Services (Leave) Rules, 1972 - rr.53 (5) and 63.
Bench Strength: Double Bench
State of Appellant(s): Punjab
History of Case No: Civil Writ Petition No. 12555 of 2010 before the High Court of Punjab and Haryana. In addition, LPA No. 363 of 2012 before the Division Bench of the High Court of Punjab & Haryana and the High Court vide judgment dated 23.08.2012.
Case Note / Description :

The specific case of the appellant before this Court is that the respondent is governed by the provisions of the Central Civil Services (Leave) Rules, 1972 forming part of the Fundamental Rules and Supplementary Rules, though the question as to whether r. 63 of the 1972 Rules is also applicable to the respondent was not specifically urged by the appellant- institute before the High Court. [para 10 and 13] 1.2 Rule 63 of the Central Civil Services (Leave) Rules 1972 mandates that if a Government servant resigns or retires from service or otherwise quits service without returning to duty after a period of study leave or within a period of three years after such return to duty or fails to complete the course of study and is, thus, unable to furnish the certificates as required under sub-rule (5) of Rule 53, he shall be required to refund the actual amount of leave salary, study allowance, cost of fees, travelling and other expenses, if any, incurred by the Government of India. The provision has a laudable object to achieve. The purpose of granting study leave with salary and other benefits is for the interest of the Institution and also the person concerned so that once he comes back and joins the institute, the students will be benefited by the knowledge and expertise acquired by the person at the expense of the institute. [para 14-15] 1.3 A candidate who avails of leave but takes no interest to complete the course and does not furnish the certificate to that effect, is doing a disservice to the institute as well as to its students. Such a person only enjoys the period of study leave without doing any work at the institute and, at the same time, enjoys the salary and other benefits, which is evidentially not in public interest. Public money cannot be spent unless there is mutual benefit. [para 15] 1.4 In the instant case, there is no clear cut provision in the bond either expressly referring to Rule 63 or strictly imposing a condition that if a candidate fails to complete the course study during the period of sanctioned leave, he will have to refund to the Institute the total amount of leave, salary and other benefits availed of by him during the period of study leave. However, such a specific provision was incorporated in bond by the Board of GovernOTHERS of the appellant-institute in its 22nd meeting held on 28.06.2002. [para 10-11] 1.5 The appellant-Institute has already recovered an amount of Rs.6.5 lacs from the salary and arrears of salary of the respondent and claims balance amount of Rs.6,18,000/-.

 
 
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