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Madras High CourtWP/8959/2025allowed

Dr.P.Priyadharashini v. The State Of Tamilnadu

2025-03-28Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.03.2025 Coram:

THE HONOURABLE MRS.JUSTICE N.MALA Dr.P.Priyadharshini ... Petitioner 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 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 the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai- 600 006.

5.Government Villupuram Medical College, Represented by its Dean, Mundiyampakkam, Villupuram- 605 601. ...Respondents 1 / 6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent Nos.2 to 4 to treat the Petitioner's bond period as completed and further direct the 5th Respondent to release the Petitioner's pending salary from 01.09.2024 to 05.12.2024, issue an experience certificate, and provide a relieving order from bond service. For Petitioner : M/s.Suhrith Parthasarathy For Respondents : Mrs.M.Sneha, Special Counsel

ORDER

Writ petition is filed for issuance of a writ of mandamus, directing respondents 2 to 4 to treat the petitioner's bond period as completed and further direct the 5th respondent to release the petitioner's pending salary from 01.09.2024 to 05.12.2024, issue an experience certificate, and pass a relieving order from bond service.

2. The petitioner completed post-graduation (MS) at the Government Stanley Medical College. As a non-service doctor, the petitioner executed a bond obligating her to serve the Government for two years on completion of the postgraduation. The petitioner also submitted her original educational certificates at the time of admission to the respondents. After completing the post-graduate studies in May 2021, the petitioner did not receive posting orders for nearly a year 2 / 6

and so, she filed a writ petition in W.P.No.13726 of 2022 before this court, seeking return of the original document and certificates. This court vide order dated 03.06.2022, directed the college to return the documents and the said order was duly complied. On 07.07.2022, the petitioner was issued posting order assigning her to the 5th respondent college for a period of two years. Even though the posting order was delayed, the petitioner joined services on 18.07.2022. The petitioner availed maternity leave from 25.07.2022 to 24.07.2023 and also unpaid leave from 25.07.2023 to 05.12.2023, and thereafter rejoined the service on 06.12.2023. The petitioner states that on lapse of two years from the date of completion of the course, the bond period concluded and therefore the petitioner formally resigned and submitted a request on 06.12.2024, to be relieved from service. As the 5th respondent did not respond to the petitioners request, the petitioner filed the above writ petition for the aforesaid relief.

3. The facts narrated above are not disputed and hence not traversed. Suffice it to state, that the petitioner completed her bond service and therefore according to the petitioner, the 5th respondent was bound to pay her the salary from 01.09.2024 to 05.12.2024, to issue experience certificate and pass relieving order 3 / 6

from bond service. As the respondent did not respond to the petitioners request, the petitioner is before this court.

4. The respondents have not disputed that the petitioner has completed her bond service, if so, in my view, on the completion of the bond period, the respondents are bound to pay the petitioner salary from 01.09.2024 to 05.09.2024, to issue experience certificate and pass relieving order from bond service. I am therefore inclined to issue the mandamus as prayed for.

5. In view of the above discussions, the 5th respondent is directed to release the petitioner's salary from 01.09.2024 to 05.12.2024, issue experience certificate and pass relieving order from the bond service to the petitioner, within a period of four (4) weeks, from the date of receipt of a copy of this order. Writ Petition is accordingly allowed. However, there shall be no order as to costs.

28.03.2025 (1/2) Index:Yes/No Speaking order:Yes/No dsn 4 / 6

To

1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai- 600 009.

2.The Director of Medical Education, Directorate of Medical Education and Research, Kilpauk, Chennai- 600 010.

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

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

5.The Dean, Government Villupuram Medical College, Mundiyampakkam, Villupuram- 605 601.

5 / 6

N.MALA,J.

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