Dr.Antlin Reshma v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.A.No.3191 of 2024 Dr.Antlin Reshma
...Petitioner
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, rep. By the Director of Medical Eduction, Kilpauk, Chennai - 600 010.
3. Directorate of Medical and Rural Health Services, rep. By the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006.
4. Directorate of Public Health and Preventive Medicine rep. By the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006.
5. Kanyakumari Government Medical College, rep. by its Dean, Kanyakumari District - 629 201.
..Respondents.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the judgment passed in W.P.No.9139 of 92024 dated 24.04.2024 on the
file of this Court.
For Petitioner : Mr.C.Rajan For Respondents : Mrs.M.Sneha,Spl.G.P.
for R1 to R4
ORDER
(The order of the Court was made by J.Nisha Banu,J.) This Writ Appeal has been filed challenging the order passed by this Court in W.P.No.9139 of 2024 dated 24.04.2024, in which, the challenge made by the appellant/petitioner, the proceedings of the Director of Public Health and Preventive Medicine appointing the petitioner as Assistant Surgeon Specialists, based on bond agreement under Rule 19(1) of the Ttamil Nadu Service Servants(Conductions of Services) Act, 2016, was dismissed.
2. When the matter was taken up on 11.07.2025, it was agreed by the parties that the appellant shall pay the bond amount of Rs.20,00,000/- in installments within a period of 12 months and the certificate will be issued after payment of last installment. Therefore, the appellant was directed to file an affidavit to that effect.
3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner requested that the appellant may be permitted to
pay the bond amount in 20 equal instalments and he has also filed an affidavit of the petitioner/ Dr.Antlin Reshma, which reads as follows: AFFIDAVIT OF DR.ANTLIN RESHMA I, Dr.Antlin Reshma, C/o Alan James, Christian, aged 31 years, residing at 14/29, Sigma, Chankai, Kanjircode, Kanyakumari District - 629155, having temporarily come down to Chennai, do solemnly and sincerely affirm and state as follows:
1. I submit that I am the Appellant in the above matter, and as such, I am well acquainted with the facts and circumstances of the case.
2. I submit that the above Writ Appeal is filed against the order of this Hon'ble Court in W.P.No.9139 of 2024. I further submit that in a similar matter, the Division Bench of this Hon'ble Court has passed a judgment in favour of the respondent. Hence, the above Writ Appeal has become infructuous.
3. I submit that I have two children aged 7 and 2 years who need care and affection, and so I am willing to pay the bond amount of Rs.20,00,000/- in monthly instalments spread over 20 months.
4. I submit that I am willing to collect my original certificates and other documents deposited with the respondents after the entire payment of the bond amount.
5. I hereby pray that this Hon'ble Court may be pleased to pass an order granting 20 instalments
spread over 20 months to pay the bond amount of Rs.20,00,000/- in the interest of justice and thus render justice."
4. In similar issue, the Division Bench of this Court in W.A.Nos.2583,1992 & 1924 of 2024 dated 20.11.2024 has dismissed the writ appeals in favour of the respondents by directing the appellants/doctors to adhere to their bond conditions and serve compulsorily in the Government Medical Colleges and Hospitals as per the appointment order of the period specified and agreed upon between the parties as per the bond conditions.
5. Now, the appellant has filed the above affidavit stating that she is having two children, aged 7 years and 2 years, who need her care and affection and that she is willing to pay the bond amount of Rs.20,00,000/- in 20 monthly instalments and after payment of the entire bond amount she is willing to collect her original certificates.
6. In our opinion, the statement made in the affidavit filed by the appellant is fair and reasonable and in accordance with the conditions stipulated in the bond agreement. Therefore, the following directions are issued:
i) The appellant is directed to remit the bond amount of Rs.20,00,000/- in twenty equated instalments of Rs.1,00,000/- each, starting from 5th August, 2025 and thereafter, on 5th of the succeeding nineteen months. ii) As far as the original documents and other certificates deposited with the respondents by the appellant are concerned, the same shall be released by the respondents after receipt of the last instalment.
7. With the above directions, the Writ Appeal is disposed of. No costs.
[J.N.B.,J.][M.J.R.,J.] 16.07.2025 vsi Speaking order/Non-speaking order To
1. The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai 600 009.
2. The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
Vsi
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, Kanyakumari Government Medical College, Kanyakumari District - 629 201.
16.07.2025