R.Sri Vidhya v. The State Of Tamilnadu

2025:MHC:2173

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.Dr.R.Sri Vidhya 2.Dr.Kalaivani 3.Dr.A.Priyanka Petitioner(s) Vs 1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9 2.Directorate of Medical Education Represented by The Director of Medical Education, Kilpauk, Chennai-10.

3.Directorate of Medical and Rural Health Services Rep by the Director of Medical Health and Rural Health Services, No.359, Anna Salai, Chennai-6.

4.Directorate of Public Health and Page No.1 of 9

Preventive Medicine Represented by The Director Of Public Health And Preventive Medicine, No.359, Anna Salai, Chennai-6 5.Government Madras Medical College Represented by its Dean, Chennai-600 003.

6.Government Vellore Medical College Represented by its Dean, Vellore-632 011 Respondent(s) PRAYER directing the respondents to treat the petitioners' one year bond period as completed and to consequently relieve them from their bonded service and to direct the 5th and 6th respondents to return their original certificates and documents collected during their Post-Graduation admission along with their PG degree certificates, within a time limit to be stipulated by Court. For Petitioner(s):

Ms. K.Dhivyashree For Respondent(s):

Mr.K.Tippu Sultan Govt.

Advocate Page No.2 of 9

ORDER

The present writ petition has been filed seeking a direction to the respondents to treat the petitioners' one-year bond period as completed and consequently relieve them from their bonded service and to direct the respondents 5 and 6 to return their original certificates and documents collected during their Post-graduation admission, along with their PG degree certificates.

2. The case of the petitioners is that the petitioners are doctors and after completion of their MBBS degree in the year 2020, they have joined for the Post Graduation in the non-service category at the respondents 5 and 6 (Colleges). They completed the course in the year 2023. It is stated that the petitioners joined the post graduation after executing a bond for a sum of Rs.40 Lakhs with an undertaking that they would serve the Government of Tamil Nadu for a period of two years. The petitioners have also submitted their original educational certificates to the concerned Medical Colleges.

3. It is further submitted that after commencement of the course in the Page No.3 of 9

year 2020, COVID-19 pandemic struck and the petitioners were deputed to render COVID duty in their respective colleges and obtained certificate for the same from the Head of the Department based on the G.O.Ms.Nos.278 and 371 issued by the Health and Family Welfare Department dated 17.08.2023 and 18.11.2023 respectively. After completing their PG course, the petitioners were temporarily appointed by the 4 th respondent as Assistant Surgeons to work as part of their bond. The petitioners reported for duty and served in their respective hospitals for more than a year, but not for the full two years. Since the petitioners had not served the Government of Tamil Nadu for the full bond period of two years, the respondents declined to return their original certificates. Hence, the petitioners are constrained to move the present writ petition.

4. Though the present writ petition has been filed by three petitioners seeking a writ of mandamus to relieve them from their bonded service and return of the original certificates, the learned counsel for the petitioners would submit that subsequent to the filing of the present writ petition, all the petitioners have received their original certificates. The 1 st petitioner is about to Page No.4 of 9

receive the original certificate, and the 2 nd petitioner has already received her relieving order. However, regarding the 3 rd petitioner, although her original certificates have been released, no action has been taken to issue a relieving order.

5. It is the contention of the 3 rd petitioner that she has completed her course in the month of October 2023. Therefore, by virtue of G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department dated 27.10.2023, her bond period is one year. The 3 rd petitioner joined pursuant to the posting order, which she received on 25.10.2023, and she undertook bond duty, working until 31.08.2024, with two months left to complete the one-year period. It is the submission that during the relevant period of time, she availed maternity leave and she gave birth to a male child on 21.10.2024. Therefore, by virtue of the judgment of the Hon'ble Division Bench in the case of Dr.E.Karthika vs. The State of Tamil Nadu in W.A.(MD).No.860 of 2023 dated 19.06.2025, the maternity leave must also be counted within the bond service. Consequently, it must be construed that the petitioners have completed her bond service. Page No.5 of 9

6. Per contra, the learned Government Advocate appearing on behalf of the respondents would submit that though the petitioners were issued with a posting order, they are yet to complete their full bond service. However, in respect of the 3 rd petitioner, two months bond service is yet to be completed. Hence, the present writ petition is liable to be dismissed.

7. I have given my anxious consideration to the submissions made by both sides.

8. The crux of the contention of the petitioners, as far as the 3 rd petitioner is concerned she has undertaken the bond service. As of 31.08.2024, there were only two months left to complete the bond service, during that time she took maternity leave. It is contended that the maternity leave must be confer along with the bond service, as held by the Hon'ble Division Bench of this Court in Dr.E.Karthikaa's case (cited supra). In the present case, although the petitioner had two months left to complete the bond service, as the petitioner rightly Page No.6 of 9

contends that bond period has to be conferred with the maternity leave asthe same to be treated as coextensive with the bond service. Consequently, this Court deems it appropriate to direct the respondents to issue a relieving order to the 3rd petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.

9. With the above directions, this Writ Petition stands closed. No costs. 13-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Page No.7 of 9

To 1.The State Of Tamilnadu Rep By Its Principal Secretary, Health And Family Welfare Department, Secretariat, Chennai-9 2.Directorate Of Medical Education Rep By The Director Of Medical Education, Kilpauk, Chennai-10 3.Directorate Of Medical And Rural Health Services Rep By The Director Of Medical Health And Rural Health Services, No.359, Anna Salai, Chennai-6 4.Directorate Of Public Health And Preventive Medicine Rep By The Director Of Public Health And Preventive Medicine, No.359, Anna Salai, Chennai-6 5.Government Madras Medical College Rep By Its Dean, Chennai-600 003 6.Government Vellore Medical College Rep By Its Dean, Vellore-632 011 Page No.8 of 9

C.KUMARAPPAN J.

Jeni 13-08-2025 Page No.9 of 9