Dr.Manar Moideen v. The State of Tamil Nadu

ORDER PLACE OF POSTING DURATION OF BOND DUTY 2364 of 2024 Dr.Manar Moideen Government Thoothukudi Medical College (June 2020 to

June 2023) MS Orthopaedics

29.06.2020 to

04.05.2023 (2 years, 10 months & 6 days)

11.10.2023 Government Kilpauk Medical College & Hospital

03.11.2023 to

02.02.2024 Dr.Arsha A.Shan Government Thoothukudi Medical College (June 2020 to

June 2023) MS

General Surgery

29.06.2020 to

04.05.2023 (2 years, 10 months & 6 days)

15.11.2023 Government Headquarters Hospital, Padmanaba-puram, Kanyakumari

21.11.2023 to

02.02.2024 Dr.Mohsina Sharafudeen Government Theni Medical College (June 2020 to

June 2023) MS Obstetrics & Gynecology

29.06.2020 to

04.05.2023 (2 years, 10 months & 6 days)

20.10.2023 Government Medical College, Karur

01.11.2023 to

20.11.2023 Dr.Shaheer Shahul Hameed Madurai Medical College (June 2020 to

June 2023) MS Orthopaedics

01.06.2020 to

04.05.2023 (2 years, 11 months & 4 days)

11.10.2023 Government Hospital, Kamuthi, Ramanatha-puram

21.10.2023 to

02.02.2024 2369 of 2024 Dr.Madhuri R.A. Kilpauk Medical College MS Obstetrics and Gynaecology

24.03.2020 to

30.04.2022 (2 years &

07.07.2022 Government Medical College & Hospital, Thiruvallur

21.07.2022 to

20.01.2023 W.P.N o PETITIONERS' NAME PG IN: DM/M.CH/PG COURSE DURATION OF COVID-19 DUTY DATE OF POSTING ORDER PLACE OF POSTING DURATION OF BOND DUTY (May 2019 to

April 2022) 37 days) Dr.Arya A.R. Madurai Medical College (May 2019 to

April 2022) MS Opthalmology

11.03.2020 to

30.04.2020 (2 years, 1 month & 20 days)

16.02.2023 Government Hospital, Sivagiri, Tenkasi District

13.03.2023 to

02.10.2023

¶6Mr.A.Anandan, learned Government Advocate would categorically confirm that the particulars as set out in the tabulation above have been verified with the authorities to be correct and representing the proper sequence of events.

¶7The petitioners had completed their courses in April, 2022 and June, 2023 respectively. They have received posting orders on belatedly and as per the decision of the First Bench of this Court in State of Tamil Nadu vs P.S.Sairam and others (2020) 7 Madras LJ 513, the posting orders are to run co-terminus with the period of successful completion of course of the candidate.

¶8That apart, the Health and Family Welfare (MCA-1) Department vide G.O.Ms.No.17 dated 11.01.2024 and G.O.Ms.No.351 dated 27.10.2023 has issued an order to the effect that the bond period for Non Service Post Graduates (Degree/Diploma) who have completed their Post Graduate courses in the year 2022 and 2023 respectively will be reduced from two years to one year. The benefit of this reduction is thus available to the present petitioners.

¶9In light of the above, nothing stands in the way of the petitioners being given the benefit of mandamus as sought, to treat the two year compulsory bond period as completed. In fact, in all the cases, they have rendered covid duty service in excess of the two years provided for under the Bond. In addition, they have also rendered regular duty service over and above what was required by them. Thus, seen from any angle, the petitioners have served far in excess of the requirement of one year as per Government Orders dated 27.10.2023 and

11.01.2024 and are entitled to the return of the certificates as sought for. .

¶10The petitioners are hence released from bonded Government service and there is a direction to the Dean of respective colleges all arrayed as respondents to return their original certificates when the petitioners present themselves before them, forthwith.

¶11These Writ Petitions are disposed in the aforesaid terms. No costs. Connected Miscellaneous Petitions are closed.

02.02.2024 Index : Yes/No Speaking Order:Yes sl To

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 its Director of Medical Education, Kilpauk, Chennai - 600 010.

3.Directorate of Medical and Rural Health Services, Rep. by its Director of Medical Health and Rural Health Services, 359, Anna Salaia, Chennai - 600 006.

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

5.The Joint Director of Health Service Thoothukudi & Kanyakumari

6.The Joint Director of Health Services Ramanathapuram.

7.Government Kilpauk Medical College & Hospital Represented by its Dean Poonamalee High Road, Kilpauk, Chennai-600 010.

8.Government Medical College, Karur Represented by its Dean Gandhigramam, Karur – 639 004.

9.Government Thoothukudi Medical College Represented by its Dean Kamaraj Nagar, 3rd Mile, Thoothukudi – 628 008.

10.Government Theni Medical College Represented by its Dean Kochi-Madurai-Tondi Point Rd., Kanavilakku, Theni-625 531.

11.Madurai Medical College Represented by its Dean Panagal Road, Alwarpuram, Madurai-625 050.

12.Government Medical College & Hospita, Thiruvallur, Rep. by its Dean, JN Road, Periyakuppam, Thiruvallur-602 001

13.The Joint Director of Health Services, Tenkasi. W.P.Nos.2364o&o2369oofo2024 DR.ANITAoSUMANTH,oJ. sl W.P.Nos.2364o&o2369oofo2024 and W.M.P.Nos.2555o&o2566oofo2024

02.02.2024

2024:MHC:6135 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 02.02.2024 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH and W.M.P.Nos.2555 & 2566 of 2024 W.P.No.2364 of 2024 1.Dr.Manar Moideen 2.Dr.Arsha A.Shan 3.Dr.Mohsina Sharafudeen 4.Dr.Shaheer Shahul Hameed ... Petitioners 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 its Director of Medical Education, Kilpauk, Chennai - 600 010. 3.Directorate of Medical and Rural Health Services, Rep. by its Director of Medical Health and Rural Health Services, 359, Anna Salaia, Chennai - 600 006. 4.Directorate of Public Health and Preventive Medicine, Rep. by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006. 5.The Joint Director of Health Service Thoothukudi & Kanyakumari 6.The Joint Director of Health Services Ramanathapuram. 7.Government Kilpauk Medical College & Hospital Represented by its Dean Poonamalee High Road, Kilpauk, Chennai-600 010. 8.Government Medical College, Karur Represented by its Dean Gandhigramam, Karur – 639 004. 9.Government Thoothukudi Medical College Represented by its Dean Kamaraj Nagar, 3rd Mile, Thoothukudi – 628 008. 10.Government Theni Medical College Represented by its Dean Kochi-Madurai-Tondi Point Rd., Kanavilakku, Theni-625 531. 11.Madurai Medical College Represented by its Dean Panagal Road, Alwarpuram, Madurai-625 050. .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioners' two-year compulsory bond period as completed, and to consequently direct the Respondent Nos. 2 to 8 to relieve the Petitioners from the bonded service and to direct the Respondent Nos. 7 to 11 to return the Petitioners' original certificates and documents collected by the Respondent Nos. 9 to 11 while admitting the Petitioners to the post graduate degree course along with their Post Graduate degree certificate. AND W.P.No.2369 of 2024 1.Dr. Madhuri R.A. 2.Dr.Arya A.R. .... Petitioners 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 its Director of Medical Education, Kilpauk, Chennai - 600 010. 3.Directorate of Medical and Rural Health Services, Rep. by its Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai - 600 006. 4.Directorate of Public Health and Preventive Medicie, Rep. by its Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai - 600 006. 5.Government Medical College & Hospita, Thiruvallur, Rep. by its Dean, JN Road, Periyakuppam, Thiruvallur-602 001 6.The Joint Director of Health Services, Tenkasi. 7.Kilpauk Medical College Represented by its Dean Poonamalee High Road, Kilpauk, Chennai-600 010. 8.Madurai Medical College Represented by its Dean Panagal Road, Alwarpuram, Madurai-625 050. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioners' two-year compulsory bond period as completed, and to consequently direct the Respondent Nos. 2 to 6 to relieve the Petitioners from the bonded service and direct the Respondent Nos. 5, 7 and 8 to return the Petitioners' original certificates and documents collected by the Respondent Nos. 7 and 8 while admitting the Petitioners to the post graduate degree course along with their Post Graduate degree certificate. In both writ petitions For Petitioners : Mr.Suhrith Parthasarathy For Respondents : Mr.A.Anandan, Government Advocate COMMON ORDER WMP Nos.2554 and 2565 of 2024 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee. 2. Mr.A.Anandan, learned Government Advocate accepts notice for the respondents and i