Dr.Swetha Manokaran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.26999 of 2023 & WMP.No.26428 of 2023
1. Swetha Manokaran
2. Abitha Reshasrini ... Petitioners Vs
1. The State of Tamil Nadu, Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai - 600 009.
2. The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai - 600 086.
3. The Director of Medical and Rural Health Services, Anna Salai, Chennai.
4. Directorate of Medical Education, Kilpauk, Chennai - 600 010.
5. Government Tirunelveli Medical College, High Ground Palayamkottai, Tirunelveli - 627 011.
6. Government Chengalpattu Hospital, 1/9
G.S.T. Road, Chengalpattu, Chengalpattu District - 603 001.
... Respondents Prayer:- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent authorities to forthwith permit the petitioners to relieve from service by issuing reliving order and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course within a time period stipulated by this Court. For Petitioners : Mr.C.Vidhusan For Respondents : Mr.E.Vedabagathsingh Special Government Pleader
ORDER
This Writ Petition has been filed to direct the respondent authorities to forthwith permit the petitioners to relieve from service by issuing reliving order and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course within a time period stipulated by this Court. 2/9
2. It is the case of the writ petitioners that they joined the Post Graduation Degree Course in Government College in Tamil Nadu in May, 2021 and at the time of admission, the executed a bond with an undertaking to serve the Government of Tamil Nadu for a period of two years and the original certificates of the petitioners were also submitted to the respondent authorities. thereafter, the petitioners completed their Post Graduation Degree Course in May, 2021. As per the bond, the petitioners is required to work for two years. However, the petitioners was given posting orders only on 10.07.2022. the petitioners joined duty in the sixth respondent hospital through counselling from August 2022, and they have been rendering their service continuously till date.
3. It is the grievance of the petitioners that, though the bond period of two years got completed in the month of May, 2023, i.e., two years from the date of completion of Post Graduate Course and the bond has become infructuous, the petitioners have not been relieved from their duties and their original certificates have not been returned to them. Despite the requests made by the petitioners before the respondent 3/9
authorities on several occasions, nothing fruitful has happened. hence, the present Writ Petition.
4. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondents.
5. The learned counsel appearing for the petitioners contended that the writ petitioners have completed their Post Graduate Degree Course in the month of May, 2021. However, immediately after completion of their course, they have not been given appointment and the posting orders have been issued only 07.07.2022. hence, it is the contention of the learned counsel for the petitioners that, at the most, the petitioners can be compelled to work only till the expiry of the bond period and once the bond period is over, the petitioners cannot be forced to continue to work with the respondents and the petitioners ought to have been relieved from their duties and the petitioners are also entitled for return of their original certificates. In support of their arguments, the learned counsel also relied upon a judgment of a Division Bench of this Court in 4/9
State of Tamil Nadu through its Secretary, Department of Health and Family Welfare and another v. P.S.Sairam and others reported in 2020 SCC Online Mad 2742, wherein the Division Bench of this Court in Para No.102, has held as follows :
"102. Our conclusions, therefore, are : ....
vi. the period of applicability of the conditions under the bond will be co-terminus with the period of two years from the date a candidate successfully passes out the course, as explained above, and would not continue beyond the same.
vii. the candidates who have not been offered appointment within the period of two years would be entitled to release of their certificates accordingly."
6. The above dictum makes it clear that the period of applicability of the conditions under the bond will be co-terminus with the period of two years from the date a candidate successfully passes out the course 5/9
and would not continue beyond the same. Similarly, the Division Bench, in Para No.102 of the same judgment, has theld that appointment should be given within a period of two years and even if any occupation is taken by the student in the meantime, the student is liable to perform for the period for which the have filled up the bond. The above dictum makes it clear that, if any employment or posting is to be issued by the respondents, it ought to have been issued within a period of two years after the completion of the course. Since the bond will be co-terminus with the period of two years from the date a candidate successfully passes out the course, the respondents ought to have given posting orders immediately after the petitioners completed their course. Whereas, in the case on hand, the posting orders have been issued much later, i.e.
, after a lapse of 14 months from the date of completion of course by the petitioners. Therefore, this Court is of the view that, at the most, the petitioners can be forced to work only till the expiry of bond period and not beyond that. In such view of the matter, the petitioners are to be relieved from their duties by the respondent authorities.
7. The learned Government Advocate fairly submitted that the petitioners will be relieved from their duties and their original certificates will be returned to them and necessary orders in this regard will be passed by the respondent authorities within a period of four weeks.
8. Accordingly, the third respondent is directed to relieve the petitioners from their duties and return all the original certificates to the petitioners, within a period of four weeks from the date of receipt of a copy of this order.
9. With the above direction, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.09.2023 Index:Yes/No vrc 7/9
To,
1. The Principal Secretary, Health and Family Department, Secretariat, Chennai - 600 009.
2. The Directorate of Public Health and Preventive Medicine, Anna Salai, Teynampet, Chennai - 600 086.
3. The Director of Medical and Rural Health Services, Anna Salai, Chennai.
4. Directorate of Medical Education, Kilpauk, Chennai - 600 010.
5. Government Tirunelveli Medical College, High Ground Palayamkottai, Tirunelveli - 627 011.
6. Government Chengalpattu Hospital, G.S.T. Road, Chengalpattu, Chengalpattu District - 603 001.
8/9
N.SATHISH KUMAR, J.
vrc WP.No.26999 of 2023 14.09.2023 9/9