Dr. Baraneedaran S v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.02.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.5390, 5389 & 5407 of 2024 1.Dr.Baraneedaran S 2.Dr.Ben Xavier ... Petitioners in W.P.No.4916 of 2024 Dr.S.P.Arshiya Mubin ... Petitioner in W.P.No.4918 of 2024 1.Dr.P.G.Pavan Kumar Reddy 2.Dr.S.Pramod Kumar 3.Dr.Mangalapalli Vijay 4.Dr.Kondapally Swamy 5.Dr.Udharani Budumuru ... Petitioners in W.P.No.4928 of 2024 vs 1.The State of Tamil Nadu Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2.Directorate of Medical Education Represented by the Director of Medical Educational 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.
1 / 13
4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
... Respondents in all W.P.'s 5.Government Coimbatore Medical College Represented by its Dean Avinashi Road, Coimbatore - 641 018.
.... Respondent in W.P.Nos.4916 & 4918 of 2024 6.Government Stanley Medical College Represented by its Dean No.1, Old Jail Road, Chennai - 600 001.
.... Respondent in W.P.No.4928 of 2024 PRAYER in W.P.No.4916 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 Respondents Nos.2 to 4 to relieve the petitioners from the bonded service, and to direct the 5th respondent to return the Petitioner's original certificates and documents collected by the 5th respondent while admitting the petitioners to the super speciality degree course along with their super speciality degree certificates.
PRAYER in W.P.No.4918 of 2024: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2 / 13
respondents to treat the Petitioner's two-year compulsory bond period as completed and to consequently direct the 5th Respondent to return the Petitioner's original certificates and documents collected by the 5th respondent while admitting the petitioner to the super speciality degree course along with her super speciality degree certificate.
PRAYER in W.P.No.4928 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 5th Respondent to return the Petitioner's original certificates and documents collected by the 5th respondent while admitting the petitioners to the super speciality degree course along with their super speciality degree certificates.
In all W.P.'s For Petitioners : Mr.Suhrith Parthasarathy For Respondents : Mr.K.Tippu Sultan Government Advocate C O M M O N O R D E R WMP.Nos.5405 and 5388 of 2024 seeking permission to file single Writ petition are 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 these 3 / 13
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 / 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.
4 / 13
5 / 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 onduty, such period in this case is quantified as 150 days. Onduty 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 6 / 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 7 / 13
concerned, as per Rule 2, it is divided into Civil Surgeon cadre and Assistant Surgeon 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 8 / 13
certificates confirming the number of days when covid duty was performed by the students.
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 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 course 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:
W.P.
No.
PETITIONER'S NAME SS COLLEGE (JANUARY 2021/DECEMBER 2020 TO JANUARY 2024) SS COURSE DURATION OF COVID-19 DUTY DATE OF POSTING
ORDER
PLACE OF POSTING COMMENTS of Dr.S.P.Arshiya Mubin Government Coimbatore Medical College DM Medical Gastroenterology 03.01.2021 to 31.12.2022 (1 year, months, days) NA NA Dr.P.G.Pavan Kumar Reddy Government Stanley Medical College DM Neurology 31.12.2020 to 31.12.2022 (2 years) NA NA Dr.S.Pramod Kumar Government Stanley Medical College DM Neurology 31.12.2020 to 31.12.2022 (2 years) NA NA Opted out in the counselling of Dr.Mangalapall i Vijay Government Stanley Medical College DM Neurology 31.12.2020 to 31.12.2022 (2 years) NA NA Dr.Kondapally Swamy Government Stanley Medical College DM Neurology 31.12.2020 to 31.12.2022 (2 years) NA NA Dr.Usharani Budumuru Government Stanley Medical College DM Neurology 31.12.2020 to 31.12.2022 (2 years) NA NA 9 / 13
W.P.
No.
PETITIONER'S NAME SS COLLEGE (JANUARY 2021/DECEMBER 2020 TO JANUARY 2024) SS COURSE DURATION OF COVID-19 DUTY DATE OF POSTING
ORDER
PLACE OF POSTING COMMENTS Dr.Baraneedha ran S Government Coimbatore Medical College DM Medical Gastroenterology 31.12.2020 to 31.12.2022 (2 years) 13.02.2024 Kalaignar Centenary Super Speciality Hospital Did not join of Dr.Ben Xavier Government Coimbatore Medical College DM Medical Gastroenterology 31.12.2020 to 31.12.2022 (2 years) 13.02.2024 Kalaignar Centenary Super Speciality Hospital Did not join
6. Mr.K.Tippu Sultan, learned Government Advocate 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 super speciality course in January, 2024. Barring one petitioner, Dr.S.P.Arshiya Mubin, all petitioners have rendered covid duty for a period of two years. Though regular posting orders have been issued to Dr.Baraneedharan and Dr.Ben Xavier on 13.02.2024, they did not join. This would not be material as they have rendered two years covid duty, which is in compliance with the conditions under the bond. Since other petitioners have opted out in the counselling, they have not been issued with the regular posting order.
10 / 13
8. Insofar as the case of Dr.S.P.Arshiya Mubin is concerned, she has rendered covid duty for a period of 1 year, 11 months and 29 days, which is a day short of two year bond period. Though this Court is inclined to construe the two year bond as sacrosanct, in the present case, the petitioner had been called for counselling on 24.01.2024. This call is belated, in light of the order of the First Bench of this Court in State of Tamil Nadu vs P.S.Sairam and others (2020) 7 Madras LJ 513 to the effect that posting orders are to run co-terminus with the period of successful completion of course of the candidate. Thus, the delay of one month even for scheduling of the counselling will enure to the benefit of the petitioner.
9. In light of the above, the petitioners are 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.
10. These Writ Petitions are disposed in the aforesaid terms. No costs. Connected Miscellaneous Petitions are closed. 28.02.2024 (2/2) Index : Yes/No 11 / 13
Speaking Order:Yes sl To 1.The State of Tamil Nadu Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
2.Directorate of Medical Education Represented by the Director of Medical Educational 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 the Director of Public Health and Preventive Medicine 359, Anna Salai, Chennai - 600 006.
5.Government Coimbatore Medical College Represented by its Dean Avinashi Road, Coimbatore - 641 018.
6.Government Stanley Medical College Represented by its Dean No.1, Old Jail Road, Chennai - 600 001.
12 / 13
DR.ANITA SUMANTH, J.
sl & WMP.Nos.5390, 5389 & 5407 of 2024 28.02.2024 (2/2) 13 / 13