Dr.A.Nonbarasan v. The Principal Secretary To Government

S.VAIDYANATHAN The matter is listed today under the caption "For Being Mentioned" at the instance of Mr.S.Karthikei Balan, learned Government Advocate, appearing for R2 to R5.

2. It is represented by the learned Government Advocate that in this case the petitioner has to actually issue PDCs for Rs.16,40,000/-, whereas in Sub-Clause (ii) of Paragraph No.5, the amount has been wrongly mentioned as Rs.10,00,000/-. It is further represented that the entire PDCs have to be deposited only with the Dean, Madras Medical College, Chennai / 4th respondent, instead of 2nd respondent. Finally, it is represented that since the petitioner has been issuing PDCs against Bank Guarantee for his convenience, the question of payment of accrued interest, while refunding the amount to the petitioner, does not arise at all. Thus, it is stated by the learned Government Advocate that the operative portion of the order requires suitable modifications.

3. Learned counsel for the petitioner has not objected to carry out the corrections as stated by the respondents.

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4. Accordingly, Sub-Clause (i) to (iii) and (vi) of Paragraph No.5 dated 29.07.2020, are ordered to be modified to read as follows: i) The petitioner shall issue Post Dated Cheques (PDCs) in favour of the Dean, Madras Medical College, Chennai, namely, 4th respondent herein towards the stipend paid, if any and 50% of the bond amount; ii) The petitioner shall also furnish PDCs for a total amount of Rs.16,40,000/- and for the consolidated stipend amount, if any paid to the petitioner, for being presented at the end of 25th month in case the petitioner fails to re-join the service;

iii) The petitioner is also directed to furnish 24 PDCs for a sum of Rs.15,000/- per month in favour Dean, Madras Medical College, Chennai / 4th respondent for encashment;

vi) In the event the petitioner rejoins service of the official respondents, the amount so encashed by the Dean, Madras Medical College, Chennai / 4th respondent herein shall be refunded to the petitioner. Page No.2 of 4

5. Except the afore-stated modifications, all other conditions remain unaltered. Registry is directed to carry out necessary corrections in the order and issue a fresh copy of the order to the respective parties forthwith. 21.09.2020 ar Page No.3 of 4

S.VAIDYANATHAN,J.

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