Madras High Court
Dr.Priyadharshini A vs The State Of Tamil Nadu on 29 November, 2021
W.A.No.2343 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.2343 of 2021
Dr.Priyadharshini A .. Appellant
Vs
1.The State of Tamil Nadu
Rep. By its Secretary,
Department of Health & Family Welfare,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director,
Directorate of Medical Education,
156, Poonamallee High Road,
Kilpauk, Chennai – 600 010.
3.The Director,
Directorate of Public Health &
Preventive Medicine,
Chennai – 600 006.
4.The Dean
Madras Medical College,
Chennai – 600 003. .. Respondents
Appeal preferred under Clause 15 of Letters Patent against the
order passed in W.P.No.16886 of 2021 dated 01.09.2021.
Page 1 of 13
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
For Appellant : Mr.R.Arumugam
For Respondents : Mr.Richardson Wilson
Additional Government Pleader
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made to the order dated 01
September 2021 recorded on W.P.No.16886 of 2021. This appeal is
by the original writ petitioner.
2. Learned advocate for the appellant has submitted that,
rejection of writ petition by learned Single Judge is erroneous, since
the respondent authorities could not be permitted to sit over the
certificates / testimonials of the appellant for non-joining of
Government job as Doctor because the appellant had already offered
her services discharging her obligation flowing from the bond, which
she had given on completion of her medical course. It is submitted
that, the State authorities might have issued appointment order but
the same was never received by the appellant and according to him,
as per record, it was even sent to the address where the appellant
was not staying. It is submitted that this appeal be entertained.
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
3. On the other hand, learned Additional Government Pleader
has vehemently opposed this appeal. It is submitted that though the
appointment order was issued to the appellant, it is she, who
projected that she has not received it and did not join the service. It
is submitted that this deprived the State of availing her services as a
Doctor, which not only the State needs but also entitled to. It is
further submitted that, in the period in question, the State along with
Nation faced two phases of covid pandemic, which further aggravates
the situation and on that count also no interference be made by this
Court. It is submitted that this appeal be dismissed.
4. Having heard learned advocates for the respective parties
and having considered the material on record, this Court finds as
under:-
4.1 The appellant made a representation on 15.06.2021 to the
respondent authorities asking them to return her original certificates,
which were kept by them pursuant to the bond. The said request was
rejected through the letter dated 20.07.2021, which was the cause of
action for filing writ petition.
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
4.2 It is not in dispute that the Director of Public Health and
Preventive Medicine had issued appointment order to the appellant on
18 October 2019 along with so many other similarly situated Doctors.
The said appointment order was sent to the appellant on 18 October
2019 itself and her name is shown at Sl.No.93 in the list of the
appointees / Doctors to whom the appointment orders were issued.
The copy thereof is marked to all the concerned authorities, including
to the Director of Medical Education and the concerned Dean, i.e., the
Dean, Madras Medical College, where the appellant had studied. The
copies of these documents are on record. The appointment order also
shows that the same was sent to the appellant at the address, which
is on record as per the Registration Certificate issued by the Tamil
Nadu Medical Council. The stand of the appellant is that, the
Authorities might have issued and sent appointment order to her but
she has not received it.
4.3 During the course of hearing, reliance is placed on the
representation dated 23 January 2020, which reads as under:-
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
“ 23.01.2020
From
Dr.A.Priyadharshini M.D.(Microbiology),
No.75, F2, Mahalakshmi Apartment,
Mandapam Link Road,
Krishna Nagar,
Ullagaram, Chennai – 91.
To
The Director of Medical Education
No.156, PH Road, Kilpauk,
Chennai – 600 010.
Subject : Request for Issue of Posting order
Sir/Madam,
I completed my M.D.(microbiology) course
on 31.05.2019 from Madras Medical College. As
many of my friends who passed along with me
have been issued with posting order immediately
on completion of their course. I personally visited
my college office during September 2019 and
enquired the reason for delay caused to issue me
a posting order as I was in dire need of job. I was
told to contact you and when I personally
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
contacted you, I was told that I will be issued
with a posting order as and when the vacancy
arises. Its been more than 4 months but still I
haven't received any posting order and I am
suffering without job (or) certificates. My family is
in urgent need of financial aid. So, I humbly
request your goodself to issue me a posting order
immediately so as to enable me to join for the
duty as early as possible which will serve as a
great help financially to me and to my family.
I therefore request you to kindly arrange to
issue a posting orders as soon as possible.
Thanking you,
Yours sincerely,
Sd-”
4.4 The above representation is claimed to have been duly
received by the office and in token thereof, endorsement dated 27
January 2020 is also taken.
4.5 The picture which has emerged before us is that, though
the concerned authority under the State, (Director of Public Health
and Preventive Medicine) had issued appointment order on 18
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
October 2019, still on 23 January 2020, a show is made before the
Director of Medical Education that the appellant is in dire need of job
and she be provided with appointment order. She on her own stated
in that representation that she was told that there is no vacancy and
as and when the vacancy will be available, appointment order will be
sent to her. This Court finds that, on the face of appointment order
already having been issued months prior thereto by the authority
under the same department of the Government (health department),
the so-called representation of the appellant, if received is
conveniently kept pending until the bond period is over. When the
bond period was over, the appellant asked her documents back,
which was responded by the Director of Medical Education vide order
dated 20 July 2021. The operative part thereof reads as under:-
“The attention of Dr.A.Priyadharshini, MD
(Mircrobiology), Non Service Post Graduate,
Madras Medical College, Chennai is invited to the
reference cited and it is informed that necessary
appointment and posting order was issued by the
appointing authority i.e., Director of Public Health
and Preventive Medicine, Chennai vide
R.No.61908/E5/A4/2019-DMS-289 dated
18.10.2019 to her but she has not joined duty in
the posted place.
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
As per the conditions stipulated in the
prospectus, she is directed to pay the bond
amount of Rs.40,00,000/-(Rupees forty lakhs
only) to the Dean, Madras Medical College,
Chennai to release all the original certificates
submitted at the time of admission. Failing which
appropriate action will be initiated to recover the
amount as per Revenue Recovery Act or report to
DPH, Chennai for fresh postings to complete her 2
years of compulsory bond service.”
4.6 Therefore, though the show is made to the effect that the
appellant was not given appointment, the litigation before us has
turned out whether she is under obligation to pay back Rs.40 lakhs to
the Government or not. It is in this background, we have examined
the order of learned Single Judge.
4.7 Learned Single Judge has rejected the petition where
challenge is made to the order dated 20 July 2021. We find that,
learned Single Judge can not be said to have fallen in any error so far
rejection of the petition is concerned in the facts noted above. We
further find that, since, the petition was filed by the Doctor, who
ostensibly projected her readiness to serve the State, the alternate
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
relief is granted by the learned Single Judge to the effect “there shall
be a direction to the 3rd respondent to issue the appointment order to
the petitioner within a period of one week from the date of receipt of
a copy of this order” .
4.8 It is this direction which is under challenge by the writ
petitioner, in whose favour the direction is to have appointment.
Thus, the writ petitioner is aggrieved by the direction of learned
Single Judge where the said direction is to the Director of Public
Health and Public Medicine to give appointment to the writ petitioner.
We find that the present appellant can not be granted any further
relief. The relief which she claims is, that she will not join the
Government Service as Doctor and go to serve the villagers but still
she be not asked to pay her bond amount, which in this case is of
Rs.40 lakhs and still her certificates be returned to her. This can not
be granted.
4.9 Before starting dictation of this order, to test the bonafide
of the appellant, it was once again inquired whether she is ready to
appear before the Director of Public Health and Preventive Medicine,
tomorrow, where she will be given appropriate appointment order,
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
which is not responded positively by learned advocate for the
appellant.
4.10 It is under these circumstances we find that, litigation
before this Court is whether she is liable to refund the amount of
Rs.40 lakhs to the State or not. We find that no protection needs to
be granted to the appellant in that regard. This appeal therefore
needs to be dismissed.
4.11 Learned advocate for the appellant has referred to various
decisions of this Court and the Supreme Court in the case of (i)
Bachhittar Singh v State of Punjab reported in AIR 1963 (SC) 395,
(ii) Bipromasz Bipron Trading SA Vs. BEL reported in (2012) 6 SCC
384 and (iii) State of TN vs. P.S.Sairam & others made in W.A.No.799
of 2019 etc., which in the facts noted above, according to us, will not
help the appellant.
5. It also needs to be noted that the representation dated 23
January 2020 and receipt thereof on 27 January 2020 are staring on
the face of the authorities have led to a situation where, the
Government, without availing the service of the appellant Doctor, has
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
exposed itself to waive of Rs.40 lakhs. Whether this was simple
negligence or some facilitation by some of the elements from within
the system is an aspect, which needs to be gone into by appropriate
authority. Under the circumstances, it is directed to the second
respondent, (Secretary Health to the Government), to look into the
matter and do needful to see to it that such things are not facilitated
further. After due inquiry, appropriate action be taken against the
erring officials.
6. With above observations and directions, this writ appeal is
dismissed. Since the appellant is a professional Doctor, we have
restrained from imposing any costs. Consequently, connected
C.M.P.Nos. 14882 and 18087 of 2021 are closed.
(P.U., J) (S.S.K., J)
29.11.2021
Index:Yes/No
ssm/6
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
To
1.The Secretary,
State of Tamil Nadu,
Department of Health & Family Welfare,
Secretariat, Fort St.George,
Chennai – 600 009.
2.The Director,
Directorate of Medical Education,
156, Poonamallee High Road,
Kilpauk, Chennai – 600 010.
3.The Director,
Directorate of Public Health & Preventive Medicine,
Chennai – 600 006.
4.The Dean
Madras Medical College,
Chennai – 600 003.
https://www.mhc.tn.gov.in/judis
W.A.No.2343 of 2021
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
ssm
W.A.No.2343 of 2021
29.11.2021
https://www.mhc.tn.gov.in/judis
