2025:UHC:1840-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No. 187 of 2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. Mr. M.S. Pal, Senior Advocate, assisted by Mr. Apoorve Chauhan, Advocate for the petitioner. 2. Mr. G.S. Negi, Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioner pursued her Post Graduate Course at Government expense by executing a bond that she will serve in Government Hospitals in remote areas of Uttarakhand for two years. 4. As per the pleadings, made in the writ petition, petitioner served as Senior Resident in Government Medical College, Haldwani for a period of one year, between 03.11.2016 to 02.11.2017; she was offered appointment as Medical Officer on contract in a Government Hospital in District Almora vide order dated 12.12.2017, however, petitioner expressed her inability to join duties in a hill district, and she expressed her willingness to refund the amount in terms of the bond executed by her while pursuing Post Graduate Medical course. 5. It is not in dispute that petitioner deposited a sum of Rs. 17,92,083/- with the State Government in terms of the conditions of the bond. 2025:UHC:1840-DB 6. In this writ petition, petitioner has sought the following relief:- “(a) issue a writ, order or direction in the nature of mandamus directing the respondents to pay back the excess amount of Rs. 12,69, 392/- with interest charged from the petitioner while relieving her from the service bond. [amended vide Court’s Order dated 27.06.2018].” 7. Learned Senior Counsel appearing for the petitioner submits that since petitioner has served for a period of one year in a Government College as Senior Resident, therefore, that one year period has to be adjusted towards two years service, mentioned in the bond; therefore, petitioner is entitled for refund of the amount for that one year service. 8. Per contra, Mr. G.S. Negi, learned State Counsel has drawn attention of this Court to paragraph no. 16 of the judgment dated 01.03.2019 rendered by this Court in WPSB No. 110 of 2018, which is extracted below:- “16. The obligation cast on the petitioners, in terms of the bond executed by them, is to serve as Medical Officers/Specialists in the hilly areas of the State of Uttarakhand for a period of 2 years. Haldwani is not a hilly area, and the post of Assistant Professor is not the post of Medical Officer/Specialist to which they were appointed in terms of the letter of appointment dated 17.10.2016. The petitioners are, therefore, not entitled to seek to have their obligation, to serve for two years, in the hilly areas of the State of Uttarakhand, set off against the period they worked as a Senior Resident, and as an Assistant Professor, at the Medical College at Haldwani.” 9. Based on the said judgment, learned State Counsel submits that the services rendered as Senior Resident in a Government Medical College cannot be counted towards 2025:UHC:1840-DB two years service, which has to be rendered in Government Hospitals in remote area of Uttarakhand. Learned counsel for the petitioner, however, refers to one Division Bench judgment rendered in WPSB No. 12 of 2018 (Malvika Savai and others v. State of Uttarakhand and others). He submits that in terms of the said judgment, petitioner is entitled for refund of Rs. 12,69,392/. 10. Since petitioner has sought a writ of mandamus for refund of the amount, which was deposited by her allegedly in excess of what was required to be deposited, therefore, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to the competent authority. 11. Accordingly, writ petition is disposed of by permitting the petitioner to make representation to the Competent Authority for refund of the excess amount, if any, deposited by her. If petitioner makes such representation within two weeks from today, the Competent Authority shall consider the claim of the petitioner and take decision, one way or the other, as per law, within four months from the date of receipt of such representation. (Ashish Naithani, .J.) (Manoj Kumar Tiwari, .J.) 18.03.2025 Navin