Madras High Court
Swetha Manokaran vs The State Of Tamil Nadu on 14 September, 2023
W.P.No.26999 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.26999 of 2023 &
WMP.No.26428 of 2023
1. Swetha Manokaran
2. Abitha Reshasrini ... Petitioners
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 Tirunelveli Medical College,
High Ground Palayamkottai, Tirunelveli - 627 011.
6. Government Chengalpattu Hospital,
1/9
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W.P.No.26999 of 2023
G.S.T. Road, Chengalpattu,
Chengalpattu District – 603 001. ... Respondents
Prayer:- Writ Petition filed under the Article 226 of Constitution of
India, to issue a Writ of Mandamus directing the respondent authorities
to forthwith permit the petitioners to relieve from service by issuing
reliving order and return all original certificates of the petitioners that
were submitted by them at the time of their admission to Post Graduate
Degree Course within a time period stipulated by this Court.
For Petitioners : Mr.C.Vidhusan
For Respondents : Mr.E.Vedabagathsingh
Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondent authorities
to forthwith permit the petitioners to relieve from service by issuing
reliving order and return all original certificates of the petitioners that
were submitted by them at the time of their admission to Post Graduate
Degree Course within a time period stipulated by this Court.
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W.P.No.26999 of 2023
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, 2021 and at the time of admission, the 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 is required to work for two years. However, the petitioners
was given posting orders only on 10.07.2022. the petitioners joined duty
in the sixth respondent hospital through counselling from August 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 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
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W.P.No.26999 of 2023
authorities on several occasions, nothing fruitful has happened. hence,
the present Writ Petition.
4. Heard the learned counsel for the petitioners and the learned
Government Advocate appearing for the respondents.
5. The learned counsel appearing 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 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 their duties and the petitioners are also entitled for return
of their original certificates. In support of their arguments, the learned
counsel also relied upon a judgment of a Division Bench of this Court in
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W.P.No.26999 of 2023
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 their 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
two years from the date a candidate successfully passes out the course
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W.P.No.26999 of 2023
and would not continue beyond the same. Similarly, the Division Bench,
in Para No.102 of the same judgment, has theld 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 the 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
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
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.
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W.P.No.26999 of 2023
7. The learned Government Advocate fairly submitted that the
petitioners will be relieved from their duties and their original
certificates 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, the third respondent is directed 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, this Writ petition is disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
14.09.2023
Index:Yes/No
Neutral Citation : Yes/No
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W.P.No.26999 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 Tirunelveli Medical College,
High Ground Palayamkottai, Tirunelveli - 627 011.
6. Government Chengalpattu Hospital,
G.S.T. Road, Chengalpattu,
Chengalpattu District – 603 001.
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W.P.No.26999 of 2023
N.SATHISH KUMAR, J.
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WP.No.26999 of 2023
14.09.2023
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