Madras High Court
Dr.Olive Sharon J vs The State Of Tamil Nadu on 26 November, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.46238 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2025
CORAM
THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH
W.P.No.46238 of 2025
AND
W.M.P.No.51562 of 2025
Dr.Olive Sharon J. ... Petitioner
Vs.
1.The State of Tamil Nadu
Rep. by its Principal Secretary
Health and Family Welfare Department
Secretariat, Chennai - 9.
2.Directorate of Medical Education and Research
Rep. by its Director
Kilpauk, Chennai - 10
3.Directorate of Medical and Rural Health Services,
Rep. by its Director
Anna Salai, Chennai - 06.
4.Directorate of Public Health and Preventive Medicine,
Rep. by its Director
No.359, Anna Salai, Chennai - 06.
5.Government Headquarters Hospital, Walajahpet
Rep. by its Hospital Superintendent
1/10
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W.P.No.46238 of 2025
Ranipet 632 513
6.The Joint Director of Health Services
Ranipet
7.Government Hospital, Chetpet
Rep. by its Chief Medical Officer
Chetpet, Tiruvannamalai 606 801
8.Government Vellore Medical College
Rep. by its Dean,
Pennathur Post, Adukkamparai
Vellore 632 011 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking
issuance of a Writ of Mandamus directing the respondent Nos.2 to 6 to treat the
petitioner's one year bond period as completed and to consequently terminate
the petitioner’s bond service and to direct the 8th respondent to return the
petitioner’s original certificates and documents collected during the Post
Graduate admission along with her Post Graduate degree certificate.
For Petitioner : Mr.Suhrith Parthasarathy
For Respondents : Mr.K.Tippu Sultan
Government Advocate
ORDER
This writ petition has been filed seeking issuance of a writ of mandamus
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directing the respondents No.2 to 6 to terminate the bond service of the
petitioner and to further direct the 8th respondent to return all the original
certificates and documents collected from the petitioner during her Post
Graduation admission.
2.Heard Mr.Suhrith Parthasarathy, learned counsel for petitioner and
Mr.K.Tippusultan, learned Government Advocate appearing for respondents.
3.The case of the petitioner is that she completed her Post Graduation
course in MD General Medicine in the 8th respondent College on 04.08.2020 in
a non-service category at Government Vellore Medical College.
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 8th respondent.
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5.The further case of the petitioner is that after the completion of the Post
Graduation course, the petitioner was appointed by the 4th respondent on
11.10.2023 as an Assistant Surgeon to serve at Government Hospital, Chetpet,
Tiruvannamalai, as part of the bond condition for a minimum period of one year
and seven months from the date of joining. The petitioner joined duty in the
Government Hospital, Chetpet on 25.10.2023 and worked there until
02.06.2024, for about 8 months. From 03.06.2024, the petitioner proceeded on
medical leave due to pregnancy related complications. Subsequently, on
25.09.2024, the petitioner received an order transferring her to the Government
Headquarters Hospital, Walajahpet. At that time, the petitioner was 33 weeks
pregnant and hence, she availed maternity leave from 22.11.2024.
6.A Government Order came to be issued in G.O.(Ms) No.351, Health
and Family Welfare (MCA-1) Department, dated 27.10.2023, wherein, the bond
period of the non-service Post Graduates was reduced from two years to one
year.
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7.The petitioner, under normal circumstances, should have served for the
remaining bond period of 4 months, even after coming into force of the
Government Order. However, the petitioner was on maternity leave and she
gave birth to a child on 06.01.2025. After the post-partum period, the petitioner
sent a representation dated 01.07.2025 to the respondents 2 and 3 and on
07.11.2025 to the 4th respondent requesting to terminate the petitioner’s bond
service. However, the petitioner did not receive any reply. Ultimately, on
18.11.2025, the petitioner made a representation to respondents 2 to 4 to
consider her maternity leave towards completion of non-service PG bond and to
return all the original certificates. Since the same was not acted upon, the
present writ petition has been filed seeking appropriate directions.
8.Learned Government Advocate appearing on behalf of the respondents,
based on the written instructions, received from the 2nd respondent submitted
that the petitioner has to serve the remaining bond period of 4 months, even as
per G.O.(Ms) No.351 dated 27.10.2023.
9.This Court carefully considered the submissions made on either side
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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 4 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 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.
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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 01.07.2025 to the respondents 2 and 3 and on
07.11.2025 to the 4th respondent, to terminate her bond service. 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
4 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
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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
8th 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.
Connected W.M.P. is closed.
26.11.2025
gya
Index:yes/no
Neutral citation: yes/no
To
1.The Principal Secretary
Health and Family Welfare Department
Secretariat, Chennai - 9.
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2.The Director
Directorate of Medical Education and Research
Kilpauk, Chennai - 10
3.The Director
Directorate of Medical and Rural Health Services,
Anna Salai, Chennai - 06.
4.The Director
Directorate of Public Health and Preventive Medicine,
No.359, Anna Salai, Chennai - 06.
5.The Hospital Superintendent
Government Headquarters Hospital, Walajahpet
Ranipet 632 513
6.The Joint Director of Health Services
Ranipet
7.The Chief Medical Officer
Government Hospital, Chetpet
Chetpet, Tiruvannamalai 606 801
N.ANAND VENKATESH, J.
gya
8.The Dean
Government Vellore Medical College
Pennathur Post, Adukkamparai
Vellore 632 011
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26.11.2025
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