Malv ika Savai and ot hers v. St at e of Ut t arakhand and ot hers) He subm it s

2. Mr. G.S. Negi, Addit ional Chief St anding Counsel for t he St at e of Ut t arakhand.

3. Pet it ioner pursued her Post Graduat e Course at Governm ent expense by execut ing a bond t hat she will serve in Governm ent Hospit als in rem ot e areas of Ut t arak hand for t wo years.

4. As per t he pleadings, m ade in t he w rit pet it ion, pet it ioner served as Senior Resident in Governm ent Medical College, Haldwani for a period of one year, bet ween 03.11.2016 t o

02.11.2017; she was offered appoint m ent as Medical Officer on cont ract in a Governm ent Hospit al in Dist rict Alm ora vide order dat ed

12.12.2017, however, pet it ioner expressed her inabilit y t o j oin dut ies in a hill dist rict , and she expressed her willingness t o refund t he am ount in t erm s of t he bond execut ed by her while pursuing Post Graduat e Medical course.

5. I t is not in disput e t hat pet it ioner deposit ed a sum of Rs. 17,92,083/ - wit h t he St at e Governm ent in t erm s of t he condit ions of t he bond.

6. I n t his writ pet it ion, pet it ioner has sought t he follow ing relief: - of m andam us “ ( a) issue a writ , order or direct ion in t he t he nat ure respondent s t o pay back t he ex cess am ount of Rs. 12,69, 392/ - wit h int erest charged from t he pet it ioner while r elieving her from [ am ended vide Court ’s t he service bond. Order dat ed 27.06.2018] .” direct ing

7. Learned Senior Counsel appearing for t he pet it ioner subm it s t hat since pet it ioner has served for a period of one y ear in a Governm ent College as Senior Resident , t herefore, t hat one year period has t o be adj ust ed t owards t wo service, m ent ioned in t he bond; t herefore, pet it ioner is ent it led for refund of t he am ount for t hat one year service.

8. Per cont ra, Mr. G.S. Negi, learned St at e Counsel has draw n at t ent ion of t his Court t o paragraph no. 16 of t he j udgm ent dat ed

01.03.2019 rendered by t his Court in WPSB No. 110 of 2018, which is ext ract ed below: - “ 16. The obligat ion cast on t he pet it ioners, in t erm s of t he bond ex ecut ed by t hem , is t o serv e as Medical Officer s/ Specialist s in t he hilly areas of t he St at e of Ut t arakhand for a period of 2 years. Haldwani is not a hilly area, and t he post of Assist ant Professor is not t he post of Medical Officer/ Specialist t o which t hey were appoint ed in t erm s of t he let t er of The appoint m ent pet it ioners ar e, t her efor e, not ent it led t o seek t o have t heir obligat ion, t o ser ve for t wo years, t he St at e of Ut t arakhand, set off against t he period t hey work ed as a Senior Resident , and as an Assist ant Professor, at t he Medical College at Haldwani.” t he hilly areas of

17.10.2016. dat ed

9. Based on t he said j udgm ent , learned St at e Counsel subm it s t hat t he services rendered as Senior Resident in a Gov ernm ent Medical College cannot be count ed t owards t wo years serv ice, which has t o be rendered in Governm ent Hospit als in rem ot e area of Ut t arakhand. Learned counsel t he pet it ioner, however, refers t o one Division Bench j udgm ent rendered in WPSB No. 12 of 2018 ( Malv ika Savai and ot hers v. St at e of Ut t arakhand and ot hers) . He subm it s t hat in t erm s of t he said j udgm ent , pet it ioner ent it led for refund of Rs. 12,69,392/ .

10. Since pet it ioner has sought a writ of m andam us for refund of t he am ount , which was deposit ed by her allegedly in excess of what w as required t o be deposit ed, t herefore, t his Court t hinks t hat ends of j ust ice would be m et if pet it ioner is perm it t ed t o m ake represent at ion t o t he com pet ent aut horit y.

11. Accordingly, w rit pet it ion is disposed of by perm it t ing t he pet it ioner t o m ake represent at ion t o t he Com pet ent Aut horit y for refund of t he excess am ount , if any, deposit ed by her. I f pet it ioner m akes such represent at ion wit hin t wo weeks from t oday, t he Com pet ent Aut horit y shall consider t he claim of t he pet it ioner and t ake decision, one way or t he ot her, as per law, w it hin four m ont hs t he dat e of receipt of such represent at ion. ( A sh i sh N a i t h a n i , .J.) ( Ma n o j Ku m a r Ti w a r i , .J.) Navin

18.03.2025