Bond implementation
Querist :
Anonymous
(Querist) 19 December 2019
This query is : Resolved
Sir I am working in central government hospital and after 3 years of service I applied Extraordinary leave for study purpose and did MS ENT in state government medical college .in my EOL order it was stated that I should join service on 1/5/2019 after completing my 3 years course..but in medical college they said that if I need stipend I should sign the bond to serve the state government for 2 years..I told them that I have already signed a bond to serve central government hospital that for EOL I should serve them for 5 yesrs but they did not listen..i.signed the bond and completed the course and joined the cghs hospital...my certificates are with the medical college...my cghs office has sent a letter to the medical college to return my certificates...but they are not giving the certificate and they issued a posting order to state government hospital....what to do...I cannot go and serve the state government bond...otherwise there will be a break in service ..I was selected as non service pg in open category...I was not eligible for salary from CGHS but stipend is paid to all working non service pgs...kindly give suggestions on how to proceed...thank you
Raj Kumar Makkad
(Expert) 19 December 2019
You yourself invited the problem by signing the bond of State Medical College just for getting stipend whereas you had already signed the bond in Central Govt. hospital from where you had obtained EOL. The action of medical college cannot be illegal. You now need to deposit the bond amount to the medical college of the State by disclosing every fact in letter and spirit and then peacefully get reliving and join CGHS.
Raj Kumar Makkad
(Expert) 19 December 2019
Honesty pays more in life. Otherwise also we are here to protect innocent honest litigants.
Sankaranarayanan
(Expert) 20 December 2019
You opt and signed the Bond already then you have to follow the same
malipeddi jaggarao
(Expert) 21 December 2019
Follow the suggestion of Sri Rajkumar Makkad.
T. Kalaiselvan, Advocate
(Expert) 28 December 2019
If you are not rejoining the central government job after completing the higher studies your services would be terminated without any service benefits and you may even be subjected to further departmental action, if any.
Since you knew the conditions of your employment your option for choosing stipendiary amount while pursuing the higher studies is an intentional act thereby you have violated the conditions of the employment with the previous employer.
Since you have signed the bond with the present employer, if you have to leave then you may have to pay the bond amount.
Under the Indian Law, the employment agreements with negative covenants is valid and legally enforceable if the parties agree with their free consent i.e. without fraud, coercion, undue influence, mistake and misrepresentation. ... Indian law mandates the employment bonds to be “reasonable” in order to be valid.
The term reasonable remains undefined anywhere in the Indian law and therefore the courts have given meaning to “reasonable” depending upon the facts and circumstances of the cases. The proposition which has emerged till now is that conditions stipulated in the contract should be necessary to protect the interest of the employer and compensate the loss caused by breach of contract. Additionally, the penalty or compulsory employment period stipulated should not exorbitant.
The validity of Employment bonds can be challenged on the basis of Section27 of the Indian Contract Act. Section 27 of the Indian Contract Act, 1872 prohibits any agreement in restraint of trade and profession. Any agreement in trade and profession according to Section 27 is void.
You may decide about taking steps for legal reliefs after consulting a local lawyer in this regard.
Dr J C Vashista
(Expert) 30 December 2019
Mr./Ms. Anonymous,
I endorse expert's opinion and advise, very well explained and nothing more to add.
Before signing any bond you must have given second thought or taken professional consultancy, it is too late for which you will have to suffer "some" or "other" loss.
You should consult and engage a local prudent lawyer to appreciate facts, advise professionally and proceed.
