Madras High Court
Unknown vs The State Of Tamil Nadu on 7 November, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
1/12 WP No. 42719 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-11-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP No. 42719 of 2025
1.Dr.Sharmila
2.Dr. Suganthi M.
3.Dr. Devika S.
4.Dr. S. Janani Priya
5.Dr. S. Anu Vaishnavi
6.Dr. Sowmya S.M.
7.Dr. Kalaiyarasi M
8.Dr. Harinee C.
9.Dr. Aashipa Banu S.
10.Dr. Kanimozhi S.V.
11.Dr. Saranya E.
12.Dr. Sruthi S.
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2/12 WP No. 42719 of 2025
13.Dr. Sandhya S.
14.Dr. Kamarunisha A.
15.Dr. Divya A.
16.Dr. S. Nivedha
17.Dr. Sriharipriya V.
18.Dr. T. Meena
19.Dr. Abirami R. A.
20.Dr. Jaseema Yasmeen S.H.
21.Dr. Akshara Prasad
22.Dr. A. Wajia Begum
Petitioner(s)
Vs
1. The State of Tamil Nadu
Represented by its
Principal Secretary,
Health and Family Welfare Department,
Secretariat,
Chennai 600 009
2.Directorate of Medical Education and Research
Represented by its Director
Kilpauk,
Chennai 600 010.
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3/12 WP No. 42719 of 2025
3.Directorate of Medical and Rural Health Services
Represented By Its Director
359, Anna Salai, Chennai 600 006.
4.Directorate of Public Health And Preventive Medicine
Represented by its Director
359, Anna Salai, Chennai 600 006.
5.Stanley Medical College
Represented By Its Dean
No. 1, Old Jail Road,
Chennai 600 001.
6.Government Dharmapuri Medical College
Represented by its Dean
Salem Main Road,
Dharmapuri - 636 701
7.Madurai Medical College
Represented by its Dean
Panagal Road, Alwarpuram,
Madurai - 625 050.
8.Government Theni Medical College
Represented by its Dean
Dhanushkodi Road, Theni 625 531.
9.Coimbatore Medical College
Represented by its Dean
Avinashi Road,
Coimbatore 641 018.
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4/12 WP No. 42719 of 2025
10.Chengalpattu Medical College and Hospital
Represented by its Dean
GST Road, Chengalpattu - 603 001.
11.Government Villupuram Medical College
Represented by its Dean Mundiyampakkam,
Villupuram 605 601.
12.Madras Medical College
Represented by its Dean
E.V.R. Salai, Chennai - 600 003.
Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Declaration, declaring that the Petitioners' bond
period stands reduced by one year on account of their entitlement to
maternity leave, and consequently to direct Respondent Nos. 2 to 4 to give
effect to such reduction and, upon completion of the bond period, to direct
Respondent Nos. 5 to 12 to return the Petitioners' original certificates and
documents along with their post graduate certificates.
For Petitioner(s): Mr.Suhrith Parthasarathy
For Respondent(s): Mrs.M.Sneha
Special Counsel
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5/12 WP No. 42719 of 2025
ORDER
This writ petition has been filed for a declaration to declare that the
Petitioners' bond period stands reduced by one year on account of their
entitlement to maternity leave, and consequently to direct Respondent Nos.
2 to 4 to give effect to such reduction and, upon completion of the bond
period, to direct Respondent Nos. 5 to 12 to return the Petitioners' original
certificates and documents along with their post graduate certificates.
2.Heard Mr.Suhrith Parthasarathy, learned counsel appearing on
behalf of the petitioners and Mrs.M.Sneha, learned Special Counsel
appearing on behalf of the respondents.
3.The issue that is involved in the present writ petition is squarely
covered by the earlier order passed by this Court in W.P.No.39557 of 2025
dated 03.11.2025 and the relevant portions are extracted hereunder:
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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 not a
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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
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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 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.
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4.In view of the above, the declaration that has been sought for in the
present writ petition is in line with the above order passed by this Court and
hence, this writ petition is allowed as prayed for. It is made clear that the
bond period will be calculated in line with the reduction of the period to one
year and the entitlement of maternity leave will be factored in and on
completion of the bond period, the respondent 5 to 12 shall return back the
original certificates and documents of the petitioner. For the remaining bond
period, the petitioner shall render their services. No Costs.
07-11-2025
(2/2)
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ssr
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To
1. The Principal Secretary,
State of Tamil Nadu
Health and Family Welfare Department,
Secretariat,
Chennai 600 009
2.The Director
Directorate of Medical Education and Research
Kilpauk,
Chennai 600 010.
3.The Director
Directorate of Medical and Rural Health Services
359, Anna Salai, Chennai 600 006.
4.The Director
Directorate of Public Health and Preventive Medicine
359, Anna Salai, Chennai 600 006.
5.The Dean
Stanley Medical College
No. 1, Old Jail Road,
Chennai 600 001.
6.The Dean
Government Dharmapuri Medical College
Salem Main Road,
Dharmapuri - 636 701
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7.The Dean
Madurai Medical College
Panagal Road, Alwarpuram,
Madurai - 625 050.
8.The Dean
Government Theni Medical College
Dhanushkodi Road, Theni 625 531.
9.The Dean
Coimbatore Medical College
Avinashi Road,
Coimbatore 641 018.
10.The Dean
Chengalpattu Medical College and Hospital
GST Road, Chengalpattu - 603 001.
11.The Dean
Government Villupuram Medical College
Mundiyampakkam,
Villupuram 605 601.
12.The Dean
Madras Medical College
E.V.R. Salai, Chennai - 600 003.
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N.ANAND VENKATESH J.
ssr
07-11-2025
(2/2)
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