Madras High Court
A.Vigneshwaran vs The State Of Tamil Nadu on 1 September, 2023
W.P.No.25735 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.25735 of 2023 &
WMP.No.25161 of 2023
A.Vigneshwaran ... Petitioner
Vs
1. The State of Tamil Nadu,
Represented by its Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
2. The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet, Chennai – 600 086.
3. The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4. Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
5. Government Kilpauk Medical College,
Represented by its Dean,
Poonamallee High Road, Kilpauk, Chennai – 600 010.
1/9
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W.P.No.25735 of 2023
6. Government Hospital Panruti,
Representation by its Chief Medical Officer,
Cuddalore – 607 106. ... Respondents
Prayer:- Writ Petition is filed, under the Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the respondent authorities
to forthwith permit the petitioner to relieve from service by issuing
reliving order and return all original certificates of the petitioner that
were submitted by him at the time of his admission to Post Graduate
Degree Course within a time period stipulated by this Court.
For petitioner : Mr.C.Vidhusan
For Respondents : Mr.S.Arumugam
Government Advocate
ORDER
This Writ Petition has been filed to direct the respondent authorities
to forthwith permit the petitioner to relieve from service by issuing
reliving order and return all original certificates of the petitioner that
were submitted by him at the time of his admission to Post Graduate
Degree Course within a time period stipulated by this Court.
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W.P.No.25735 of 2023
2. It is the case of the writ petitioner that he joined the Post
Graduation Degree Course in Government College in Tamil Nadu in
May, 2021 and at the time of admission, he executed a bond with an
undertaking to serve the Government of Tamil Nadu for a period of two
years and the original certificates of the petitioner were also submitted to
the respondent authorities. Thereafter, the petitioner completed his Post
Graduation Degree Course in May, 2021. As per the bond, the petitioner
is required to work for two years. However, the petitioner was given
posting orders only on 10.07.2022. The petitioner joined duty in the
sixth respondent hospital through counselling from August 2022, and he
have been rendering his service continuously till date.
3. It is the grievance of the petitioner that, though the bond period
of two years got completed in the month of May, 2023, i.e., two years
from the date of completion of Post Graduate Course and the bond has
become infructuous, the petitioner has not been relieved from his duties
and his original certificates have not been returned to him. Despite the
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W.P.No.25735 of 2023
requests made by the petitioner before the respondent authorities on
several occasions, nothing fruitful has happened. Hence, the present
Writ Petition.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate appearing for the respondents.
5. The learned counsel appearing for the petitioner contended that
the writ petitioner has completed his Post Graduate Degree Course in the
month of May, 2021. However, immediately after completion of his
course, he has not been given appointment and the posting orders have
been issued only 10.07.2022. Hence, it is the contention of the learned
counsel for the petitioner that, at the most, the petitioner can be
compelled to work only till the expiry of the bond period and once the
bond period is over, the petitioner cannot be forced to continue to work
with the respondents and the petitioner ought to have been relieved from
his duties and the petitioner is also entitled for return of his original
certificates. In support of his arguments, the learned counsel also relied
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W.P.No.25735 of 2023
upon a judgment of a Division Bench of this Court in State of Tamil
Nadu through its Secretary, Department of Health and Family Welfare
and another v. P.S.Sairam and others reported in 2020 SCC Online Mad
2742, wherein the Division Bench of this Court in Para No.102, has held
as follows :
“102. Our conclusions, therefore, are : ....
vi. The period of applicability of the conditions under
the bond will be co-terminus with the period of two years
from the date a candidate successfully passes out the course,
as explained above, and would not continue beyond the
same.
vii. The candidates who have not been offered
appointment within the period of two years would be entitled
to release of his certificates accordingly.”
6. The above dictum makes it clear that the period of applicability
of the conditions under the bond will be co-terminus with the period of
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W.P.No.25735 of 2023
two years from the date a candidate successfully passes out the course
and would not continue beyond the same. Similarly, the Division Bench,
in Para No.102 of the same judgment, has held that appointment should
be given within a period of two years and even if any occupation is taken
by the student in the meantime, the student is liable to perform for the
period for which he have filled up the bond. The above dictum makes it
clear that, if any employment or posting is to be issued by the
respondents, it ought to have been issued within a period of two years
after the completion of the course. Since the bond will be co-terminus
with the period of two years from the date a candidate successfully
passes out the course, the respondents ought to have given posting orders
immediately after the petitioner completed his course. Whereas, in the
case on hand, the posting orders have been issued much later, i.e., after a
lapse of 14 months from the date of completion of course by the
petitioner. Therefore, this Court is of the view that, at the most, the
petitioner can be forced to work only till the expiry of bond period and
not beyond that. In such view of the matter, the petitioner is to be
relieved from his duties by the respondent authorities.
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W.P.No.25735 of 2023
7. The learned Government Advocate fairly submitted that the
petitioner will be relieved from his duties and his original certificates
will be returned to him and necessary orders in this regard will be passed
by the respondent authorities within a period of four weeks.
8. Accordingly, the respondent authorities are directed to relieve
the petitioner from his duties and return all the original certificates to the
petitioner, within a period of four weeks from the date of receipt of a
copy of this order.
9. With the above direction, this Writ petitions is disposed of.
Consequently, connected miscellaneous petition is closed. No costs.
01.09.2023
Index:Yes/No
Neutral Citation : Yes/No
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W.P.No.25735 of 2023
To,
1. The Principal Secretary,
Health and Family Department,
Secretariat, Chennai – 600 009.
2. The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet, Chennai – 600 086.
3. The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4. Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
5. Government Kilpauk Medical College,
Represented by its Dean,
Poonamallee High Road, Kilpauk, Chennai – 600 010.
6. Government Hospital Panruti,
Representation by its Chief Medical Officer,
Cuddalore – 607 106.
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W.P.No.25735 of 2023
N.SATHISH KUMAR, J.
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WP.No.25735 of 2023
01.09.2023
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