Service Bond may not resign until such time as their service bonds are completed. The Civil Court in the case of State (Auditor General’s Office) v Shiuna Ibrahim Nasir (846/CvC/2012) upheld the claim of the state for the recovery of the money spent by the Auditor General’s Office in the training offered to Shiuna on account of her failure to complete the scholarship according to its terms, based on the Iqrar that was signed by Shiuna prior to embarking on the scholarship, citing the provisions of the Contract Act 1991. For the Court, the Iqrar that was signed between the parties constituted a valid and binding contract. In 2005 the High Court case of Zeeshan Abdurahim v ADK Enterprises Pvt. Ltd. (122/HCA/2005) the claimant was under a contract with her employer ADK Hospitals signed in 2002 which provided explicit mention that any failure to complete the service bond will trigger the reimbursement of the training expenses. The Civil Court upheld the terms of the contract and ordered Zeeshan to pay the amount back to her employer. Zeeshan appealed to the High Court on grounds that her employer had breached the terms of the agreement beforehand which required ADK Hospital to compensate her previous employer the Maldives Monetary Authority (MMA) in lieu of her service bond owed to the organization, forcing her to breach the terms of the agreement herself and return back to service at MMA. Zeeshan also contested the Civil Court’s observation that her letter to ADK Hospitals requesting her service be transferred to one of part time nature and to arrange an easy payment scheme for the Hospital was an affirmation on her part that she is required to pay back. Her challenge was on ground that the affirmation to pay back was based on her request for part time employment which never materialized on account of the Hospital’s actions. In their Judgment the High Court noted that ADK Hospitals was in fact obligated to compensate Zeeshan’s previous employer for the bond she owed them.
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