Dr.Sharath Rajkumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.No.518 of 2024 1.Dr.Sharath Rajkumar 2.Dr.Nayana Vijay 3.Dr.S.Jayesh 4.Dr.Lakshmanan.S ... Petitioners vs 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2.The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai 600086.
3.The Director of Medical and Rural Health Services Anna Salai, Chennai 4.Directorate of Medical Education, Kilpauk, Chennai 600 010.
5.Tirunelveli Medical College, Represented by its Dean, High Ground Road, Palayamkottai, Tirunelveli 627 011.
6.Madras Medical College, E.V.R. Periyar Salai, Park Town, Chennai 600003.
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7.Government Stanley Medical College, No.1, Old Jail Road, Chennai 600 001.
8.Government Royapettah Hospital, No.1, West Cott Road, Chennai 600014 9.Government Kanyakumari Medical College, Asaripallam, Kanyakumari 629201 .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to treat the petitioner's two-year compulsory bond period as completed and to consequently permit the petitioners to relieve from service and to return all original certificates of the petitioners that were submitted b them at the time of their admission to Post Graduate Higher Speciality Degree Course, within a time period stipulated by this Hon'ble Court. For Petitioners : Ms.Shanmitha For Respondents : Mr.G.Ameedius Government Advocate
ORDER
WMP.No.518 of 2024 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee.
2. Mr.G.Ameedius, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of these matters, even at this juncture. Hence, by consent of 2 / 13
both learned counsel, this Writ Petition is taken up for final disposal, even at the stage of admission.
3. I have considered an identical prayer as in the present Writ Petition 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 / similarly placed candidates, were required to be on covid duty in R5 Hospital. Though no appointment orders could be issued seeing as the petitioner was a student then, his services during the covid period is not disputed as duty sheets for the service rendered have duly been produced by the petitioner and verified by the respondent counsel.
3. The question as to whether covid duty would constitute in-bond service is no longer res integra having been considered and accepted by two learned Judges in W.P.No.26556 of 2022 (decision dated 02.02.2023) and W.P.No.22894 of 2023 (decision dated 08.09.2023). In these cases, the petitioners were students who were required to perform covid duty during their course and this Court has held, and I concur with these decisions, that the covid duty rendered by the students should be taken note of as service during the bond period. 3 / 13
4. An additional question that arises in this case is as to whether quarantine relatable to covid period is also be taken as bond service. The period of quarantine is, in my considered view, nothing but an extension of covid duty itself as the Rules prevalent then required mandatory quarantine. The petitioner would well have continued with the duty in the covid ward itself has it not been for the mandate of compulsory quarantine. Thus, taking the period of quarantine also as on-duty, such period in this case is quantified as 150 days. On-duty call sheets duly signed by the Dean of R5 college have been produced by the petitioner. This will advance the closure of bond period to 02.01.2024 from 31.05.2024.
5. The petitioner's request for a mandamus directing the respondents to treat compulsory bond period as concluding on 02.01.2024 is accepted. R5 is directed, upon completion of bond period on 02.01.2024, to return to the petitioner, his original certificates received at the time of admission to PG course. 6. Allowed in the above terms. No costs. Connected miscellaneous petition is closed."
4. Yet another development has been noted by me in W.P.Nos.32073, 33124, 32505, 32512, 29724 and 32380 of 2023 to following effect:
"The issue of treating Covid duty as period of duty for the purpose of computing of bond service now stands settled categorically by virtue of an order passed by the First Bench in W.P.Nos25827, 25785 and 27568 of 2023, decided on 16.11.2023.
2. Those Writ Petitions relate to the recruitment of Assistant Surgeons. In the course of the discussion, the First Bench has settled the position that, both for the 4 / 13
purpose of Under Graduate (UG) as well as Post Graduate (PG) medical education, the duties performed during covid period/treating covid patients should be treated as eligible duty.
3. The discussion from paragraph 7 onwards is clear to this effect and reads as follows:
7. It is true that the services rendered by the Post-Graduate students is part of their 36 months period training which they undergo. The said period is supposed to be the practical training towards the subject in which they undergo the study. Because of the abnormal situation arising out of the COVID - 19 pandemic, they were also roped in COVID - 19 duty in the COVID - 19 wards in the Government Hospitals. It is not in dispute that they put in the same kind of duty and underwent the same rigors as that of the other medical officers recruited by the State Government. As a matter of fact, the persons, who were recruited by the State Government for the said purpose of performing COVID - 19 duty in these wards which are set up as part of the disaster management, are categorised as 'Medical Officers'.
7.1. It may be seen that both these temporary appointees as well as the Post-Graduate medical students are registered medical practitioners eligible to be appointed as Assistant Surgeons. Service to the Health Department, Government of Tamil nadu is governed by the Statutory Rules known as Tamil Nadu Medical Service Rules. It contains two parts namely, Branch-I Medical and Branch-II Nursing. As far as the medical cadre is concerned, as per Rule 2, it is divided into Civil Surgeon cadre and Assistant Surgeon 5 / 13
cadre. All the entry level posts of Assistant Surgeon in the general line, Non-Clinical Lectures, Tutors / Assistant Professors, Clinical Lecturers, Senior Residents / Assistant Professors and the Women State Family Planning Officer are all grouped under the cadre of Assistant Surgeon. Thus, it can be seen that there is no such post as such called 'Medical Officer'. But, the term 'Medical Officer' is widely used in the rules to denote every registered medical practitioner appointed to any post. When it comes to deputing personnel for the Chennai City Police, they are called Medical Officers to the Chennai City Police. The Senior Residents are also termed as 'Resident Medical Officers' Similarly, the term 'Medical Officer' is generally used in the context of referring to the person who is working in any capacity with the qualified medical degree (in common parlance, the Doctors working in the department).
4. Thus, the submission of the respondents to the effect that PG students were only been given 'training' and that such service must be disregarded for computation of duty/bond period cannot be accepted. In light of the decision of the First Bench cited supra affirming the principle that the duty performed by PG students during Covid period must be taken as regular medical service.
5. The State has now issued G.O.Ms.No.371 dated 18.11.2023 directing that the term 'Medical Officers' mentioned at Para 5.1(i) of G.O.(MS.) No.278, Health and Family Welfare (B1) Department dated 17.08.2023 be replaced as 'Medical Officers including Post Graduate Students'. The authorities have been directed to issue certificates confirming the number of days when covid duty was performed by the students.
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6. In light of the above, let such certificates be issued to the petitioners at least two days prior to the next date of hearing.
List on 05.12.2023.
Written instructions/counter, if any, by then with an advance copy to the petitioners."
5. The petitioners have received and have placed on record covid duty certificates in terms of G.O.Ms.No.371 dated 18.11.2023 and G.O.(MS.) No.278 dated 17.08.2023. The details of the post-graduation courses completed by the petitioners and the number of days of covid duty rendered by the petitioners as per the certificates issued by the respondents, are as follows:
PETITIONERS'
NAME PG in :(SEP 2019 TO AUG 2022) PG COURSE DURATION OF COVID19 DUTY DATE OF POSTING
ORDER
PLACE OF POSTING DURATION MENTIONED IN THE POSTING
ORDER
JOINING DATE NO OF DAYS AFTER JOINING (07.02.2 024) Dr.Sharath Rajkumar Governme nt Stanley Medical College Degree of Master of Chirurgie (M.Ch.) in Vascular Surgery 01.03.2020 to 31.05.2022 (2 years and 2 months) 02.01.2023 Governmen t Stanley Medical College 2 years 03.02.20 days Dr.Nayana Vijay Governme nt Medical College Tirunelveli Degree of Master Nephrolo gy 24.03.2020 to 14.09.2022 (2 years and 6 months) 21.10.2023 Governmen t Royapettah Hospital 11 months 14.12.20 56 days Dr.S.Jayesh Madras Medical College Degree of Master of Chirurgie (M.Ch.) in Vascular Surgery 01.04.2020 to 31.07.2021 (1 year and 3 months) 29.03.2023 Governmen t Kanyakuma ri Medical College 2 years 11.04.20 303 days Dr.Lakhmana n.S Madras Medical College Degree of Master Neurolog y 26.03.2020 to 11.02.2022 (1 year and 30.11.2022 Governmen t Stanley Medical College 2 years 18.01.20 386 days 7 / 13
PETITIONERS'
NAME PG in :(SEP 2019 TO AUG 2022) PG COURSE DURATION OF COVID19 DUTY DATE OF POSTING
ORDER
PLACE OF POSTING DURATION MENTIONED IN THE POSTING
ORDER
JOINING DATE NO OF DAYS AFTER JOINING (07.02.2 024) 11 months)
6. Mr.G.Ameedius, 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.
7. The petitioners had completed their courses in August, 2022. They have received posting orders on 02.01.2023, 21.10.2023, 29.03.2023 and 30.11.2023, respectively 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.
8. That apart, the Health and Family Welfare (MCA-1) Department vide G.O.Ms.No.17 dated 11.01.2024 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 2022 will be reduced from two years to one year. The benefit of this reduction is thus available to the present petitioners.
9. The petitioners had rendered covid duty in excess of one year. In addition, all the petitioners are stated to be rendering regular service now. Thus, seen from any angle, the petitioners have served far in 8 / 13
excess of the requirement of one year as per Government Order dated 27.10.2023.
10. The petitioners are hence released from bonded Government service and there is a direction to the Deans of the respective colleges, all arrayed as respondents, to return their original certificates when the petitioners presents themselves before them, forthwith.
11. This Writ Petition is disposed in the aforesaid terms. No costs. 08.02.2024 Index : Yes/No ssm To 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2.The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai 600086.
3.The Director of Medical and Rural Health Services Anna Salai, Chennai 4.Directorate of Medical Education, Kilpauk, Chennai 600 010.
5.Tirunelveli Medical College, Represented by its Dean, High Ground Road, Palayamkottai, Tirunelveli 627 011.
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6.Madras Medical College, E.V.R. Periyar Salai, Park Town, Chennai 600003.
7.Government Stanley Medical College, No.1, Old Jail Road, Chennai 600 001.
8.Government Royapettah Hospital, No.1, West Cott Road, Chennai 600014 10 / 13
DR.ANITA SUMANTH, J.
ssm 9.Government Kanyakumari Medical College, Asaripallam, Kanyakumari 629201 08.02.2024 11 / 13
and WMP No.518 of 2024 Dr.ANITA SUMANTH,J.
This Writ Petition is listed under the caption 'for being mentioned'.
2. Paragraph 8 of order dated 08.02.2024 stands deleted and paragraph 9 of order dated 08.02.2024 stands replaced as follows:
'Two petitioners have rendered covid duty in excess of two years and two petitiones have rendered in excess of one year and this, combined with the regular duty is far in excess of the requirement of the bond. Hence, seen from any quarter, the petitioners are entitled to the return of the certificates as sought for.'
3.Except the aforesaid modification, order dated 08.02.2024 remains unaltered.
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