Madras High Court
Dr.Najiya Mohamadunni vs The State Of Tamil Nadu on 7 September, 2023
W.P.Nos.26255 and 26263 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.26255 & 26263 of 2023
W.P.No.26255 of 2023:
Dr.Najiya Mohamadunni ... Petitioner
Versus
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 Hospital, Dindigul
Represented by its Dean
Dindigul – 624 003 ..
Respondents
Prayer in W.P.No.26255 of 2023 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Mandamus directing
the respondent to forthwith permit the petitioner to relieve from service by
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W.P.Nos.26255 and 26263 of 2023
issuing relieving order.
W.P.No.26263 of 2023 :
Dr.Mohan Kumar.V ... 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 Medical College and Hopital, the Nilgris
Udhagamandalam
Tamil Nadu – 643 001
Prayer in W.P.No.26263 of 2023 : Writ Petition filed under Article 226
of the Constitution of India for issuance of a Writ of Mandamus, directing
the respondents to forthwith permit the petitioners to relieve from service
by issuing relieving order.
In both cases
For Petitioners : Mr.C.Vidhusan
For Respondents : Mr.S.Prabhkaran
Government Advocate
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W.P.Nos.26255 and 26263 of 2023
COMMON ORDER
These writ petitions have been filed to direct the respondents to
forthwith permit the petitioners to relieve from service by issuing relieving
order.
2.It is the case of the writ petitioners that they joined the Post
Graduation Degree Course in Government College in Tamil Nadu in May,
2018 and at the time of admission, they 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 petitioners were also submitted to
the respondent authorities. Thereafter, the petitioners completed their Post
Graduation Degree Course in May, 2021. As per the bond, the petitioners
are required to work for two years. However, the petitioners were given
posting orders only during July 2022. The petitioners have stated that they
joined duty in the Government Hospitals allotted to them through
counselling, in the month of July 2022, and they have been rendering their
service continuously till date.
3.It is the grievance of the petitioners that, though the bond
period of two years got completed in the month of May,2023, i.e., two
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W.P.Nos.26255 and 26263 of 2023
years from the date of completion of Post Graduate Course, and the bond
has become infructuous, the petitioners have not been relieved from their
duties and their original certificates have not been returned to them.
Despite the requests made by the petitioners before the respondent
authorities on several occasions, nothing fruitful has happened. Hence, the
petitioners are constrained to approach this Court by way of these writ
petitions.
4.Heard the learned counsel for the petitioners and the learned
Government Advocate appearing for the respondents.
5.Learned counsel for the petitioners contended that the writ
petitioners have completed their Post Graduate Degree Course in the
month of May, 2021, however, immediately after completion of their
course, they have not been given appointment and the posting orders have
been issued only on 07.07.2022. Hence, it is the contention of the learned
counsel for the petitioners that, at the most, the petitioners can be
compelled to work only till the expiry of the bond period, and once the
bond period is over, the petitioners cannot be forced to continue to work
with the respondents and the petitioners ought to have been relieved from
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W.P.Nos.26255 and 26263 of 2023
their duties and the petitioners are also entitled for return of their original
certificates. In support of his arguments, the learned counsel also relied
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.
6.The Division Bench of this Court in State of Tamil Nadu v.
P.S.Sairam and others (supra), in Para No.102, has held as follows :
“106. 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 their certificates accordingly.”
From the above dictum, it is made very clear that 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
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W.P.Nos.26255 and 26263 of 2023
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 they 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 petitioners completed their course. Whereas, in the cases on
hand, the posting orders have been issued much later, i.e., after a lapse of
14 months from the date of completion of courses by the petitioners.
Therefore, this Court is of the view that, at the most, the petitioners can be
forced to work only till the expiry of bond period and not beyond that. In
such view of the matter, the petitioners are to be relieved from their duties
by the respondent authorities.
7.Learned Government Advocate fairly submitted that the
petitioners will be relieved from their duties and their original certificates
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W.P.Nos.26255 and 26263 of 2023
will be returned to them and necessary orders in this regard will be passed
by the respondent authorities within a period of four weeks.
8.Accordingly, there shall be a direction to the respondent
authorities to relieve the petitioners from their duties and return all the
original certificates to the petitioners, within a period of four weeks from
the date of receipt of a copy of this order.
9.With the above direction, these writ petitions are disposed of.
No costs.
07.09.2023
dhk
Internet : Yes
Index : Yes / No
Neutral citation : Yes
Speaking order / Nonspeaking order
To
1.The Principal Secretary
The State of Tamil Nadu,
Health and Family Department,
Secretariat, Chennai – 600 009.
2.The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai – 600 086.
https://www.mhc.tn.gov.in/judis
W.P.Nos.26255 and 26263 of 2023
N. SATHISH KUMAR, J.
dhk
3.The Director of Medical and Rural Health Services,
Anna Salai, Chennai.
4.Directorate of Medical Education,
Kilpauk, Chennai – 600 010.
5.The Dean
Government Hospital, Dindigul
Dindigul – 624 003
6. Government Medical College and Hopital, the Nilgris
Udhagamandalam
Tamil Nadu – 643 001
W.P.Nos.26255 & 26263 of 2023
07.09.2023
https://www.mhc.tn.gov.in/judis
