Madras High Court
Dr.S.Jeevithan vs The State Of Tamil Nadu on 29 September, 2023
W.P.Nos.28417 & 28421 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.Nos.28417 & 28421 of 2023
and
W.M.P.Nos.27963 & 27968 of 2023
Dr.S.Jeevithan ... Petitioner in W.P.No.28417 of 2023
Vs.
1. The State of Tamil Nadu,
Represented by its Principal Secretary
Health and Family Department,
Secretariat, Chennai - 600 009.
2. Directorate of Medical Education,
Kilpauk, Chennai - 600 010.
3. The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai - 600 086.
4. Government Tirunelveli Medical College,
High Ground, Palayamkottai,
Tirunelveli - 627 011.
5. Government Medical College Nagapattinam,
Nagapattinam,
Tamil Nadu - 611 108 ... Respondents in W.P.No.28417 of 2023
https://www.mhc.tn.gov.in/judis
Page 1 of 10
W.P.Nos.28417 & 28421 of 2023
Dr.B.Subha ... Petitioner in W.P.No.28421 of 2023
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 Hospital Ulundurpet,
Kallakurichi - 606 107.
.. Respondents in W.P.No.28421 of 2023
Common Prayer : Writ Petition filed under Article 226 of the
Constitution of India for issuance of a Writ of Mandamus to direct the
respondent authorities to forthwith permit the petitioners to relieve from
service by issuing relieving order and return all original certificates of the
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Page 2 of 10
W.P.Nos.28417 & 28421 of 2023
petitioners that were submitted by the petitioners at the time of her
admission to Post Graduate Degree Course within a time period stipulated
by this Court.
For Petitioners in both WPs. : M/s.S.Shanmitha
For Respondents
in both WPs : Mr.S.Rajesh
Government Advocate
COMMON ORDER
These writ petitions have been filed to direct the respondent
authorities to relieve the petitioners from service by issuing relieving
orders and to 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 stipulated time.
2.It is the case of the writ petitioners that they joined the Post
Graduation Degree Course in Government Colleges 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
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Page 3 of 10
W.P.Nos.28417 & 28421 of 2023
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 either on 10.07.2022 or 03.11.2022, as applicable in each
case. The petitioners have stated that they joined duty in the Government
Hospitals allotted to them through counselling, in the same month of their
posting, 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
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 on behalf of the respondents.
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W.P.Nos.28417 & 28421 of 2023
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 either on 10.07.2022 or 03.11.2022. 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 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 :
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W.P.Nos.28417 & 28421 of 2023
“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.”
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
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
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W.P.Nos.28417 & 28421 of 2023
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
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 by issuing relieving
orders 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.
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W.P.Nos.28417 & 28421 of 2023
9.With the above direction, these writ petitions are disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
29.09.2023
mkn
Internet : Yes
Index : Yes / No
Neutral citation : Yes / No
Speaking order / Nonspeaking order
To
1. The Principal Secretary
Health and Family Department,
Secretariat, Chennai - 600 009.
2. The Directorate of Medical Education,
Kilpauk, Chennai - 600 010.
3. The Directorate of Public Health and Preventive Medicine,
Anna Salai, Teynampet,
Chennai - 600 086.
4. The Director of Medical and Rural Health Services
Anna Salai, Chennai.
5. The Government Tirunelveli Medical College,
High Ground, Palayamkottai,
Tirunelveli - 627 011.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28417 & 28421 of 2023
6. The Government Medical College Nagapattinam,
Nagapattinam,
Tamil Nadu - 611 108.
7. Government Hospital Ulundurpet,
Kallakurichi - 606 107.
https://www.mhc.tn.gov.in/judis
W.P.Nos.28417 & 28421 of 2023
N. SATHISH KUMAR, J.
mkn
W.P.Nos.28417 & 28421 of 2023
29.09.2023
https://www.mhc.tn.gov.in/judis
