Madras High Court
Dr.V.Priyanka vs The State Of Tamil Nadu on 3 November, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.39557 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.11.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.39557 of 2025
Dr.V.Priyanka
W/o.Dr.V.Manigandan ... Petitioner
vs
1.The State of Tamil Nadu,
represented by its Principal Secretary,
Health and Family Welfare Department,
Secretariat, Chennai - 9.
2.Directorate of Medical Education,
represented by the Director of Medical Education,
Kilpauk, Chennai - 10.
3.Directorate of Medical and Rural Health Services,
represented by the Director of Medical Health and
Rural Health Services,
No.359, Anna Salai, Chennai - 06.
4.Directorate of Public Health and Preventive Medicine,
represented by the Director of Public Health and
Preventive Medicine,
No.359, Anna Salai, Chennai - 06.
5.Government Madras Medical College,
represented by its Dean,
Chennai - 600 003. ... Respondents
1/8
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Writ Petition No.39557 of 2025
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Mandamus directing the respondents
to treat the petitioner's one year bond period as completed and to
consequently terminate her bond service and to direct the fifth
respondent to return her original certificates and documents collected
during her Post-Graduate admission along with her Post-Graduate degree
certificate, Transfer Certificate and conduct certificate within a time limit
to be stipulated by this Court.
For Petitioner : Ms.K.Dhivyashree
For Respondents : Mr.K.Tippusultan,
Government Advocate
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the respondents to terminate the bond service of the
petitioner and to further direct the fifth respondent to return all the
original certificates and documents collected from the petitioner during
her post-graduation admission.
2. Heard Ms.K.Dhivyashree, learned counsel for petitioner and
Mr.K.Tippusultan, learned Government Advocate appearing for
respondents.
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Writ Petition No.39557 of 2025
3. The case of the petitioner is that she completed her under-
graduation course in the year 2019. Thereafter, she joined the post-
graduation course in MS Ophthalmology in the year 2020 in a non-
service category at Government Madras Medical College and completed
the course in the year 2023.
4. At the time of admission to the course, the petitioner had
executed a bond for a sum of Rs.40,00,000/- undertaking that she will
serve for a period of two years after the completion of the post-
graduation course. Accordingly, all the original certificates were handed
over to the fifth respondent.
5. The further case of the petitioner is that after the completion
of the post-graduation course, the petitioner was appointed by the fourth
respondent on 11.10.2023 as an Assistant Surgeon to work as part of the
bond condition for a minimum period of one year and eight months from
the date of joining. Subsequently, the petitioner was posted and was
serving at Government Primary Health Centre, Pudupadai, Ranipet
Health Unit District from 02.11.2023 and she worked there until
31.03.2024 for a period of five months (151 days). At that time, the
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Writ Petition No.39557 of 2025
petitioner was eight months pregnant and hence, she availed maternity
leave from 01.04.2024.
6. A Government Order came to be issued in G.O.(Ms) No.351
dated 27.10.2023 wherein the bond period of the non-service post-
graduates was reduced from two years to one year.
7. The petitioner, under normal circumstances, should have
served for the remaining bond period of seven months even after the
coming into force of the Government Order. However, the petitioner was
on maternity leave and she gave birth to a child on 06.05.2024. After the
post-partum period, the petitioner sent a representation dated 03.12.2024
to the second respondent and on 03.02.2025 to the fourth respondent to
issue fresh posting orders. However, the petitioner did not receive any
reply. Ultimately, on 04.10.2025, the petitioner made a representation to
respondents 2 to 5 to set off the maternity period against the remaining
bond period and to return all the original certificates. Since the same was
not acted upon, the present writ petition has been filed seeking
appropriate directions.
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Writ Petition No.39557 of 2025
8. Learned Government Advocate appearing on behalf of the
respondents, based on the written instructions, received from the second
respondent submitted that the petitioner has to serve the remaining bond
period of seven months even as per G.O.(Ms) No.351 dated 27.10.2023.
9. This Court carefully considered the submissions made on
either side and the materials available on record.
10. The short issue that arises for consideration is as to whether
the petitioner has to serve the remaining seven months bond period or the
period can be set off from the maternity leave availed by the petitioner.
The above issue is no longer res integra and useful reference can be
made to the judgment of the Division Bench of the Madurai Bench of
this Court in W.A.(MD) No.860 of 2023 dated 19.06.2025. The relevant
portions are extracted hereunder:
"8. As per the conditions set out in the prospectus, the
appellant has to serve the Government of Tamil Nadu in one of
their hospitals for a period of two years. This condition has to
give way to the rights conferred on the women under the
provisions of the Maternity Benefit Act, 1961. This is all the
more so because the Hon'ble Supreme Court had declared that
any woman has a fundamental right to the benefits arising out of
her situation of maternity. Maternity leave is integral to maternity
benefit and forms a facet of Article 21. The appellant no doubt is
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Writ Petition No.39557 of 2025
not a government employee. She is only obliged to render bond
service to the Government of Tamil Nadu for a period of two
years. But a regular State government employee is entitled to
avail maternity leave for twelve months as per the amended
Service Rules. We are of the view that the appellant is also
entitled to the very same treatment applicable to any government
employee. The fact that the appellant was only in the service of
the government without being a regular employee is irrelevant.
When the fundamental right of the appellant is involved, she is
entitled to the protective umbrella of not only Article 21 but also
Article 14.
9. John Milton in "Paradise Lost" sang "They also
serve who only stand and wait". The second half of the bond
service turned out to be maternity period for the appellant.
Applying the legal fiction laid down in Kavita Yadav, the
appellant must be taken to have served the Government of Tamil
Nadu even during her maternity period. In other words, the
maternity period of twelve months has to be counted as part of the
bond period."
11. In the light of the above judgment of the Division Bench,
the petitioner will be entitled for maternity leave for 12 months which
has to be necessarily counted as a part of the bond period. Even
otherwise, the petitioner had made a representation on 03.12.2024
requesting the second respondent to issue fresh posting orders. This was
followed up with another representation on 03.02.2025 to the fourth
respondent requesting for posting orders. Those representations were not
acted upon and the entire period came to an end. That apart, the
petitioner will be entitled to set off the maternity leave from the bond
period as per the judgment of the Division Bench.
12. In the light of the above discussion, the remaining bond
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Writ Petition No.39557 of 2025
period of seven months has to be necessarily set off from the maternity
leave and if the same is done, the bond period itself has come to an end
in the light of G.O.(Ms) No.351, dated 27.10.2023 where the bond period
was reduced from two years to one year.
13. In the light of the above, this Court holds that the entire
bond period has been completed by the petitioner and hence, there shall
be a direction to the fifth respondent to return the original certificates and
documents collected from the petitioner at the time of post-graduation
admission. This process shall be completed within a period of two (2)
weeks from the date of receipt of a copy of this order.
This writ petition is disposed with the above direction. No
costs.
03.11.2025
Index:yes/no
Speaking order/Non-speaking order
Neutral citation: yes/no
gm
N.ANAND VENKATESH, J.
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Writ Petition No.39557 of 2025
gm
To
1.The Principal Secretary,
Health and Family Welfare Department,
Secretariat, Chennai - 9.
2.The Director of Medical Education,
Directorate of Medical Education,
Kilpauk, Chennai - 10.
3.The Director of Medical Health and Rural Health Services,
Directorate of Medical and Rural Health Services,
No.359, Anna Salai, Chennai - 06.
4.The Director of Public Health and Preventive Medicine,
Directorate of Public Health and Preventive Medicine,
No.359, Anna Salai, Chennai - 06.
5.The Dean,
Government Madras Medical College,
Chennai - 600 003.
Writ Petition No.39557 of 2025
03.11.2025
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