H.Elakiya vs The State Of Tamil Nadu
2023 Latest Caselaw 12493 Mad

                                                                              W.P.No.26994 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.26994 of 2023



                     H.Elakiya                                               ... 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 Hospital Chidambaram,
                        S.P.Kovil Street, Chidambaram,
                        Cuddalore District – 608 001.                        ... Respondents
                     Prayer:- Writ Petition is filed, under the Article 226 of Constitution of

                     1/8
https://www.mhc.tn.gov.in/judis
                                                                                  W.P.No.26994 of 2023


                     India, to issue a Writ of Mandamus directing the respondent authorities
                     to forthwith permit the petitioner to relieve from service by issuing
                     reliving order.


                                  For petitioner      : 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 petitioner to relieve from service by issuing

reliving order.

2. It is the case of the writ petitioner that she joined the Post

Graduation Degree Course in Government College in Tamil Nadu in

May, 2018 and at the time of admission, she executed a bond with an

undertaking to serve the Government of Tamil Nadu for a period of two

years. Thereafter, the petitioner completed her 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

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

10.07.2022. The petitioner joined duty in the sixth respondent hospital

through counselling from 26.07.2022, and she have been rendering her

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 her duties.

Despite the 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

Special Government Pleader appearing for the respondents.

5. The learned counsel appearing for the petitioner contended that

the writ petitioner has completed her Post Graduate Degree Course in the

month of May, 2021. However, immediately after completion of her

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

course, she 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

her duties. 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, 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

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

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

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

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

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 her duties by the respondent authorities.

7. The learned Government Advocate fairly submitted that the

petitioner will be relieved from her duties 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

petitioner from her duties 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. No

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

costs.

14.09.2023

Index:Yes/No Neutral Citation : Yes/No vrc

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 Hospital Chidambaram, S.P.Kovil Street, Chidambaram, Cuddalore District – 608 001.

https://www.mhc.tn.gov.in/judis W.P.No.26994 of 2023

N.SATHISH KUMAR, J.

vrc

WP.No.26994 of 2023

14.09.2023

https://www.mhc.tn.gov.in/judis