R.Ravichandran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.08.2024 Pronounced on : 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.18303 of 2024 and W.M.P.(MD)No.15589 of 2024 Dr.R.Ravichandran ... 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, 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 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 Thanjavur Medical College, Represented by its Dean, Thanjavur - 613 004.

... Respondents 1/6

Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to treat the petitioner's compulsory bond period as completed, and to consequently direct the respondent Nos.2 to 4 to relieve the petitioner from the bonded service and direct the 5th respondent to return the petitioner original certificates and documents along with the post-graduate and super speciality degree certificates. For Petitioner : Mr.Suhrith Parthasarathy For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader for R1, R3, R4 & R5.

Mr.M.Sarangan, Addl. Govt. Pleader for R2.

* * *

O R D E R

Heard both sides.

2.The petitioner completed super speciality in DM Neurology from the fifth respondent college. He had joined the course in December 2020. He was a non-service doctor candidate. He was required to execute a bond for a sum of Rs.50 Lakhs with an undertaking that he would work for the Government for a period of two years after completing the course, if the Government required his services. The petitioner claims that he had done covid duty and that this should be equated to bonded service. Since the respondents have not relieved him from bonded service and are also retaining his original certificates and 2/6

documents along with PG super speciality degree certificates, the present writ petition has been filed.

3.The issues raised in this writ petition have been answered by me vide order dated 05.08.2024 in W.P.(MD)No.14681 of 2024 (N.Thillai Mathiyarasi Vs. The State of Tamil Nadu). I held that covid duty shall be treated as bonded service. But it is the fifth respondent who has to clarify the period for which the petitioner rendered covid duty.

4.Adopting the very same approach, I direct the the fifth respondent to return the petitioner's petition mentioned original certificates forthwith and without delay. The second respondent is directed to formally relieve the petitioner from the bonded service. This shall be done within a period of four weeks from the date of receipt of a copy of this order. 5.The writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed.

06.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias 3/6

To:

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

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

3.The Director of Medical Health and Rural 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 Thanjavur Medical College, Thanjavur - 613 004.

4/6

5/6

G.R.SWAMINATHAN, J.

ias W.P.(MD)No.18303 of 2024 06.08.2024 6/6