- (1.) The present judgment shall dispose of 28 writ petitions i.e. CWP Nos. 15117, 16511, 24306, 24317, 24645, 24683, 26552, 27656, 28465 of 2013, 863, 3576, 7047, 11548, 12024, 12199, 13977, 14713, 14809, 14950, 18814, 19528, 19539, 22716 of 2014 and 2118, 2557, 2576, 4344, and 6963 of 2015 as common questions of facts and law are involved in all the writ petitions. The challenge primarily in the present bunch of cases is pertaining to the surety bond, which has been executed between the employees and the respondent-Corporation. For convenience, facts of CWP No. 24317 of 2013, Vivek Dureja vs. Punjab State Transmission Corporation Ltd. and others are being noticed, in which, challenge has been raised to the letter dated 15.10.2013 (Annexure P-7/T) issued by respondent no. 4 whereby, the petitioner has been asked to deposit a sum of Rs. 2,04,822/-.
(2.) It is not disputed that the amount is being claimed on the basis of a surety bond dated 18.07.2012 (Annexure P-2) which had been executed inter se the parties. The petitioner was appointed as a Junior Engineer (Civil) vide appointment letter dated 11.07.2012 (Annexure P-1) in the pay band of Rs. 10,900-34,800 + 4,350 grade pay. As per the terms of the appointment letter, there was to be a training period under Clause 3 as given by the Corporation and as per Clause 4, there was a probation period of two years which could be extended upto 4 years. Service could be dispensed with by giving 3 months' notice and payment of 3 months' salary on the part of the employee and allowances or by making the payment of that very period whichever is less than 3 months notice. As per clause 5, a surety bond had to be executed whereby, the employee was required to serve the Corporation for a minimum period of two years. In case of not doing so, he was to return the expenses including salary and allowances which were incurred by the Corporation upon his training from the date of demand. The minimum 3 months' salary alongwith allowances and rate of interest as prevailing at that point of time was also to be returned. Clause 5 reads as under:- "5. Surety bond You have to execute an agreement in an proper manner on the stamp papers at your own expenses that after completion of the training period you have to serve the Punjab State Transmission Corporation Limited for a minimum period of two years. In case of not doing so, then in such circumstances you have to return all the expenses including [Salary and allowances] which will be done by the Punjab State Transmission Corporation Limited upon your training from the date of demand raised by the Punjab State Transmission Corporation Limited and minimum three month's salary along with allowances and rate of interest as prevailing at that time will be returned to you. The copy of the agreement is attached herewith. This agreement should be filled in a proper manner on the stamp paper of Rs.100/- and alongwith you it should be signed by the two sureties. Out of these two sureties one surety should be an Officer of the Punjab State Transmission Corporation Limited/Punjab State Power Corporation Ltd. This agreement should be attested by the Executive Magistrate."
(3.) It is not disputed that in pursuance of the above said clause, a bond was also executed by the petitioner alongwith two other sureties namely Gurdeep Singh and Harmandeep Singh on 18.07.2012 as per the terms of the appointment letter pertaining to the training and the period of minimum service with the Corporation. The following conditions were made part of the surety bond:- "Whereas the above bounded principle party has been appointed as Junior Engineer/Civil by the PSTCL and the PSTCL has agreed to give him technical training on its work for a period of one year or such period as may be decided by the PSTCL. Now the condition of the above written obligation is that in the event of the above bounded principle party Sh. Vivek Dureja failing to continue his duty during the period of training of within a period of two years after resuming his duties as Junior Engineer/Civil without any prior permission in writing of the PSTCL. The Principle party and sureties shall forthwith refund to the PSTCL as may be directed by the PSTCL on demand all money paid to the Principle Party or expended on a/c of the Principle party in respect of his entire salary and allowances during the period of his training and hereafter during the course of his employment under the PSTCL subject to minimum of three months pay and allowances together with interest thereon from the date of demand at the rate prevalent at that time (and as to the amount so to be refunded, the decision of the PSTCL shall be final)." After a period of 8 months from executing of the bond, the petitioner wanted to resign from the employment contract which he had executed on account of some personal reasons and, therefore, served a notice dated 15.03.2013 (Annexure P-3) that he wishes to resign and the same may be considered as notice period of 3 months for accepting of his resignation. Thereafter, he relinquished the charge on 22.04.2013 and opted to deposit a sum of Rs. 65,570/-, which was the required amount of two months salary in lieu of the remaining notice period.;