Dr.D.Chandini v. The State of Tamil Nadu

ORDER PLACE OF POSTING DURATION OF BOND DUTY 4907 of 2024 Dr.D.Chandini Madras Medical College MD Microbiology

01.09.2020 to

30.04.2022 (1 year, 8 months)

11.10.2023 Government Primary Health Centre, Chinnavadambacherry, Coimbatore Health Unit District (Presently at Chandrapuram PHC, Coimbatore)

27.10.2023 till date Dr.Gayathri M Madras Medical College MD Psychiatry

22.06.2020 to

05.09.2022 (2 years, 2 months, 15 days)

11.10.2023 Government Primary Health

Centre, Idaikazhinadu, Chengalpattu Health Unit District

25.10.2023 till date 4913 of 2024 Dr.Akshaya N Govt. Stanley Medical College MD Dermatology, Venereology and Leprosy

(DVL)

01.07.2020 to

31.01.2022 (1 year, 7 months)

11.10.2023 Government Primary Health Centre, Akkur, Cheyyar Health Unit District

25.10.2023 till date Dr.Ramya M Govt. Stanley Medical College MD Dermatology, Venereology and Leprosy

(DVL)

01.07.2020 to

31.06.2021 (1 year)

11.10.2023 Government Primary Health Centre, Belur, Attur Health Unit District

25.10.2023 till date Dr.Kudilarasi A Govt. Stanley Medical College MD Dermatology, Venereology and Leprosy

(DVL)

01.07.2020 to

31.06.2021 (1 year)

11.10.2023 Government Primary Health

Centre, Koodacheri, Namakkal Health Unit District.

26.10.2023 till date Dr.Jayashree M Govt. Stanley Medical College MD Dermatology, Venereology and Leprosy

(DVL)

01.07.2020 to

31.06.2021 (1 year)

11.10.2023 Government Primary Health

Centre, K.Pudukottai, Dindugal Health Unit District

26.10.2023 to

27.10.2023 (Presently on maternity leave) Dr.Saranya Rajee S Govt. Stanley Medical College MD Dermatology, Venereology and Leprosy

(DVL)

01.07.2020 to

31.06.2021 (1 year)

11.10.2023 Government Primary Health

Centre, Srimadurai,

The Nilgiris Health Unit District

23.10.2023 till date

¶6Mr.K.Tippu Sultan, learned Government Advocate for the respondents would categorically confirm that the particulars as set out in the tabulation above have been verified with the authorities to be correct and representing the proper sequence of events.

¶7The petitioners had completed their courses in June, July and August, 2023 respectively. They have received posting orders to render regular duty on

11.10.2023 and as per the decision of the First Bench of this Court in State of Tamil Nadu vs P.S.Sairam and others (2020) 7 Madras LJ 513, the posting orders are to run co-terminus with the period of successful completion of course of the candidate.

¶8That apart, the Health and Family Welfare (MCA-1) Department vide G.O.Ms.No.351 dated 27.10.2023 has issued an order to the effect that the bond period for Non Service Post Graduates (Degree/Diploma) who have completed their Post Graduate courses in the year 2023 will be reduced from two years to one year. The benefit of this reduction is also available to the present petitioners.

¶9One petitioner, viz., Dr.Gayathri. M. had rendered covid duty in excess of two years. Out of 6 other petitioners, some had rendered covid duty in excess of one year and some for a period of one year. In addition, all the petitioners are stated to be rendering regular service now, except Dr.Jayashree M, who is on maternity leave. Thus, seen from any angle, the petitioners have served far in excess of the requirement of one year as per Government Order dated 27.10.2023.

¶10In light of the above, the petitioners are released from bonded Government service and there is a direction to the Deans of all respective colleges, arrayed as respondents to return their original certificates when the petitioners presents themselves before them, forthwith.

¶11These Writ Petitions are disposed in the aforesaid terms. No costs. Connected Miscellaneous Petitions are closed.

28.02.2024 (1/2) Index : Yes/No Speaking Order:Yes sl To

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, Represented by the Director of Medical Education, Kilpauk, Chennai - 600 010.

3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.

4.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.

DR.ANITA SUMANTH, J. sl

5.The Deputy Director of Health Services Coimbatore.

6.The Deputy Director of Health Services Chengalpattu.

7.Madras Medical College Represented by its Dean E.V.R.Salai, Chennai – 600 003

8.The Deputy Director of Health Service Cheyyar.

9.The Deputy Director of Health Services Namakkal.

10.The Deputy Director of Health Services Attur.

11.The Deputy Director of Health Services Dindugal.

12.The Deputy Director of Health Services The Nilgiris

13.Government Stanley Medical College Represented by its Dean No.1 Old Jail Road, Chennai – 600 001. and W.M.P.Nos.5379 & 5387 of 2024

28.02.2024 (1/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 28.02.2024 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.Nos.5379 & 5387 of 2024 1.Dr.D.Chandini 2.Dr.Gayathri M ... Petitioners in W.P.No.4907 of 2024 1.Dr.Akshaya N 2.Dr.Ramya M 3.Dr.Kudilarasi A 4.Dr.Jayashree M 5.Dr.Saranya Rajee S ... Petitioners in W.P.No.4907 of 2024 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, Represented by the Director of Medical Education, Kilpauk, Chennai - 600 010. 3.Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006. 4.Directorate of Public Health and Preventive Medicine, Represented by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006. ... Respondents in both W.P.'s 5.The Deputy Director of Health Services Coimbatore. 6.The Deputy Director of Health Services Chengalpattu. 7.Madras Medical College Represented by its Dean E.V.R.Salai, Chennai – 600 003 .... Respondents in W.P.No.4907 of 2024 8.The Deputy Director of Health Service Cheyyar. 9.The Deputy Director of Health Services Namakkal. 10.The Deputy Director of Health Services Attur. 11.The Deputy Director of Health Services Dindugal. 12.The Deputy Director of Health Services The Nilgiris 13.Government Stanley Medical College Represented by its Dean No.1 Old Jail Road, Chennai – 600 001. ... Respondents in W.P.No.4913 of 2024 PRAYER in W.P.No.4907 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to treat the petitioner's two-year compulsory bond period as completed, and to consequently direct the Respondent Nos.2 to 6 to relieve the petitioners from the bonded service and to direct the 7th Respondent to return the Petitioner's original certificates and documents collected by the 7th Respondent while admitting the petitioners to the post graduate degree course along with their post Graduate degree certificate. PRAYER in W.P.No.4913 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to treat the petitioners' two-year compulsory bond period as completed, and to consequently direct the Respondent Nos.2 to 9 to relieve the petitioners from the bonded service and to direct the 10th Respondent to return the Petitioners' original certificates and documents collected by the 10th Respondent while admitting the petitioners to the post graduate degree course along with their post Graduate degree certificates. In both W.P.'s For Petitioners : Mr.Suhrith Parthasarathy For Respondents : Mr.K.Tippu Sultan Government Advocate COMMON ORDER WMP Nos.5378 & 5386 of 2024 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee. 2. Mr.K.Tippu Sultan, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of the matters, even at this juncture. Hence, by consent of both learned counsel, these Writ Petitions are taken up for final disposal, even at the stage of admission. 3. I have considered an identical prayer as in the present Writ Petitions in W.P.No.28238 of 2023 and have held as follows: "The petitioner is a Doctor, who had completed Post Graduation in General Medicine from KAP Viswanathan Medical College in the non service category. He had completed the course in May, 2022 and had, at the time of admission to the course, executed a bond for a sum of Rs.40 lakhs undertaking that he would serve the State for a period of two years after completion of the course. The bond period, admittedly, runs till 31.05.2024. 2. Within a few months of commencing the course, the Covid 19 pandemic had struck and the petitioner, and, in fact several other identically / simi