Allowed

Dr.M.Rafeek Ahmed v. the State of Tamil Nadu

Madras HC20 Dec 2024WP/21761/2024

Case brief

AI extract

What is this about?

This order addressed a writ petition where a doctor sought to treat his compulsory bond period as completed by counting his Covid-19 duty during training. The petitioner submitted a bank guarantee to retrieve original certificates while on fellowship. The court, relying on precedents equating Covid duty to regular service, directed the college to return the original certificates within two weeks.

What did the court decide?

The 5th respondent, Dean of Government Stanley Medical College, directed to return the petitioner's original certificates along with documents within two weeks.

Dr.M.Rafeek Ahmed Vs the State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.21761 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2024

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CORAM:

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THE HONOURABLE MR. JUSTICE VIVEK KUMAR SINGH

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W.P.No.21761 of 2024

M.Rafeek Ahmed

... Petitioner

Vs.

1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Department, Secretariat, Chennai 600 009.

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The Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai 600 010.

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3.The Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services,

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359, Anna Salai, Chennai 600 006.

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The Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai 600 006.

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The Government Stanley Medical College, Represented by its Dean,

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No.1, Old Jail Road, Chennai 600 001. ... Respondents

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https://www.mhc.tn.gov.in/judis

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Page 1 of 13

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W.P.No.21761 of 2024

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to treat the petitioner's compulsory bond period as completed and to consequently direct the 4^th respondent to return the petitioner's original certificates and documents along with the post graduate degree certificate.

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For Petitioner : Mr.Suhrith Parthasarathy

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For Respondents : Mrs.Sneha Special Counsel

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ORDER

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This writ petition has been filed for the issuance of a Writ of Mandamus, directing the directing the respondents to treat the petitioner's compulsory bond period as completed and for a consequential direction to the 4^th respondent to return the petitioner's original certificates and documents along with the post graduate degree certificate.

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Heard the learned counsel on either side and perused the materials available on record.

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https://www.mhc.tn.gov.in/judis

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W.P.No.21761 of 2024

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The learned counsel for the petitioner submitted that the petitioner is a doctor who had completed Post Graduation degree in MS Orthopaedics from the 5^th respondent college. During his three years course, due to the outbreak of Covid-19 in March 2020, the petitioner was required to carry out Covid-19 duty at the 5^th respondent college. After completing the course, the petitioner was not called for counselling for issuance of bond posting. He therefore, applied for and was admitted to a one-year fellowship program. In order to join the fellowship, he had to submit his original certificates. For this purpose, he furnished a bank guarantee for a sum of Rs.40,00,000/- to the 5^th respondent college in August 2022 and took his original certificates from the 5^th respondent College. He joined the fellowship program in September 2022.

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The learned counsel for the petitioner further submitted that after completing the fellowship in August 2023, his original certificates were submitted to the 5^th respondent and inturn, he received the bank guarantee. Thereafter, the 1^st respondent issued a Government Order in G.O.Ms.No.17 dated 11.01.2024 reducing the bond period for the batch of post graduate doctors, who graduated in 2022 from two years to one year. Thereafter, the petitioner sent a letter dated 14.03.2024 to the respondent Nos.2 and 5 requesting them to relieve him from the bonded service and return his original

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Page 3 of 13

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W.P.No.21761 of 2024

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certificates. Since there was no response, the petitioner has come forward with the present writ petition.

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Heard the learned counsel on either side and perused the materials available on record.

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In similar matters, similarly placed persons approached this Court in

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W.P.No.15071 of 2024 and this Court , by an order dated 14.06.2024 disposed

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the same. The relevant portions of the said order reads as under:-

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2. I have considered an identical prayer as in the present Writ Petition in W.P.No.28238 of 2023 and have held as follows: The petitioner is a Doctor, who had completed Post Graduation in General Medicine from KAP Viswanathan Medical College in the non service category. He had completed the course in May, 2022 and had, at the time of admission to the course, executed a bond for a sum of Rs.40 lakhs undertaking that he would serve the State for a period of two years after completion of the course. The bond period, admittedly, runs till 31.05.2024.

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2. Within a few months of commencing the course, the Covid 19 pandemic had struck and the petitioner, and, in fact several other identically / similarly placed candidates,were required to be on covid duty in R5 Hospital. Though no appointment orders could be issued seeing as the petitioner was a student then, his services during the covid period is not disputed as duty sheets for the service rendered have duly been produced by the

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W.P.No.21761 of 2024

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petitioner and verified by the respondent counsel.

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3. The question as to whether covid duty would constitute in-bond service is no longer res integra having been considered and accepted by two learned Judges in W.P.No.26556 of 2022 (decision dated 02.02.2023) and W.P.No.22894 of 2023 (decision dated 08.09.2023). In these cases, the petitioners were students who were required to perform covid duty during their course and this Court has held, and I concur with these decisions, that the covid duty rendered by the students should be taken note of as service during the bond period.

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4. An additional question that arises in this case is as to whether quarantine relatable to covid period is also be taken as bond service. The period of quarantine is, in my considered view, nothing but an extension of covid duty itself as the Rules prevalent then required mandatory quarantine. The petitioner would well have continued with the duty in the covid ward itself has it not been for the mandate of compulsory quarantine. Thus, taking the period of quarantine also as onduty, such period in this case is quantified as 150 days. Onduty call sheets duly signed by the Dean of R5 college have been produced by the petitioner. This will advance the closure of bond period to 02.01.2024 from 31.05.2024.

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5. The petitioner's request for a mandamus directing the respondents to treat compulsory bond period as concluding on 02.01.2024 is accepted. R5 is directed, upon completion of bond period on 02.01.2024, to return to the petitioner, his original certificates received at the time of admission to PG course.

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6. Allowed in the above terms. No costs. Connected miscellaneous petition is closed.

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3. Yet another development has been noted by me in

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W.P.No.21761 of 2024

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W.P.Nos.32073, 33124, 32505, 32512, 29724 and 32380 of 2023 to following effect:

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The issue of treating Covid duty as period of duty for the purpose of computing of bond service now stands settled categorically by virtue of an order passed by the First Bench in W.P.Nos25827, 25785 and 27568 of 2023, decided on 16.11.2023.

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2. Those Writ Petitions relate to the recruitment of Assistant Surgeons. In the course of the discussion, the First Bench has settled the position that, both for the purpose of Under Graduate (UG) as well as Post Graduate (PG) medical education, the duties performed during covid period/treating covid patients should be treated as eligible duty.

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3. The discussion from paragraph 7 onwards is clear to this effect and reads as follows:

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7. It is true that the services rendered by the Post~Graduate students is part of their 36 months period training which they undergo. The said period is supposed to be the practical training towards the subject in which they undergo the study. Because of the abnormal situation arising out of the COVID–19 pandemic, they were also roped in COVID 19 duty in the COVID-19 wards in the Government Hospitals. It is not in dispute that they put in the same kind of duty and underwent the same rigors as that of the other medical officers recruited by the State Government. As a matter of fact, the persons, who were recruited by the State Government for the said purpose of performing COVID - 19 duty in these wards which are set up as part of the disaster management, are categorised as Medical Officers.

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7.1. It may be seen that both these temporary appointees as well as the Post~Graduate medical students are registered medical

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W.P.No.21761 of 2024

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practitioners eligible to be appointed as Assistant Surgeons. Service to the Health Department, Government of Tamil nadu is governed by the Statutory Rules known as Tamil Nadu Medical Service Rules. It contains two parts namely, BranchI Medical and BranchII Nursing. As far as the medical cadre is concerned, as per Rule.2, it is divided into Civil Surgeon cadre and Assistant Surgeon cadre. All the entry level posts of Assistant Surgeon in the general line, Non~Clinical Lectures, Tutors / Assistant Professors, Clinical Lecturers, Senior Residents / Assistant Professors and the Women State Family Planning Officer are all grouped under the cadre of Assistant Surgeon. Thus, it can be seen that there is no such post as such called Medical Officer. But, the term Medical Officer is widely used in the rules to denote every registered medical practitioner appointed to any post. When it comes to deputing personnel for the Chennai City Police, they are called Medical Officers to the Chennai City Police. The Senior Residents are also termed as Resident Medical Officers. Similarly, the term Medical Officer is generally used in the context of referring to the person who is working in any capacity with the qualified medical degree (in common parlance, the Doctors working in the department).

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4. Thus, the submission of the respondents to the effect that PG students were only been given 'training' and that such service must be disregarded for computation of duty/bond period cannot be accepted. In light of the decision of the First Bench cited supra affirming the principle that the duty performed by PG students during Covid

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W.P.No.21761 of 2024

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period must be taken as regular medical service.

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5. The State has now issued G.O.Ms.No.371 dated 18.11.2023 directing that the term 'Medical Officers' mentioned at Para 5.1(i) of G.O.(MS.) No.278, Health and Family Welfare (B1) Department dated 17.08.2023 be replaced as 'Medical Officers including Post Graduate Students'. The authorities have been directed to issue certificates confirming the number of days when covid duty was performed by the students.

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6. In light of the above, let such certificates be issued to the petitioners at least two days prior to the next date of hearing. List on 05.12.2023. Written instructions/counter, if any, by then with an advance copy to the petitioners.

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4. The petitioner had received covid duty certificates in terms of G.O.Ms.No.371 dated 18.11.2023 and G.O.(MS.) No.278 dated 17.08.2023. The details of the post-graduation courses completed by the petitioner and the number of days of covid duty rendered by the petitioner as per the certificates issued by the respondents, are as follows:-

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PETITIONER NAME	PG OM: (April 2019 tp April 2022)	PG COURSE	DURATION OF COVID-19 DUTY	DATE OF POSTING ORDER	PLACE OF POSTING	COMMENTS
Dr.Gaayathri	Madras Medical College	MS ENT	21.04.2020 to 30.04.2022 ( 2 years, 10 days)	31.05.2023	Government Primary Health Centre, Sekkipatti, Madurai Health Unit District	Did not join

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5. Mr.K.Tippu Sultan, 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.

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W.P.No.21761 of 2024

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6. The petitioner had completed her course in April, 2022. She had received posting order on 31.05.2023 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 coterminus with the period of successful completion of course of the candidate.

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7. That apart, the Health and Family Welfare (MCA-1) Department vide G.O.Ms.No.17 dated 11.01.2024 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 will be reduced from two years to one year. The benefit of this reduction is thus available to the present petitioner.

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8. The petitioner had rendered covid duty for a period of two years and 10 days, which is in excess of the requirement of one year as per Government Order dated 27.10.2023 and is entitled to the return of the certificates as sought for.

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9. This Court has passed several orders after having taken note of the details of the service by the respective petitioners. On 22.04.2024, S.M.Subramaniam,J in W.P.Nos.10799, 10826 and 10829 of 2024 has taken a view that the covid duty should not be taken to be included in the period of bond.

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10. However, the first Bench of this Court in W.P.Nos.25827, 25785 and 27568 of 2023, decided on 16.11.2023, extracted supra, has equated the duty performed by the medical officers to post graduate students, for grant of incentive marks for the services rendered by them during Covid -19 period.

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11. I draw an analogy from the above order, where medical officers and doctors studying PG courses have been equated for the purpose of bond duty. In my view, this inference is a direct consequence of the observations in paragraph 7.1 of order dated 16.11.2023. Moreover, order dated 22.04.2024 has been stayed by the Division Bench in C.M.P.No.11300

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W.P.No.21761 of 2024

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of 2023 in W.A.No.1616 of 2024 vide order dated 24.05.2024.

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12.The petitioner is hence released from bonded Government service and there is a direction to the Dean of Madras Medical College to return her original certificates when the petitioner presents herself before him, forthwith.

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13.This Writ Petition is disposed in the aforesaid terms. No costs. Connected Miscellaneous Petition is closed.

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7 . In view of the above decision, this Court directs the 5^th respondent, viz., The Dean of Stanley Medical College, Chennai to return the original certificates along with documents of the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

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With the above direction, this writ petition is disposed of. No costs.

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Consequently connected miscellaneous petition is closed.

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20.12.2024

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Index : Yes/No Internet : Yes/No Speaking : Non Speaking Order Neutral Citation : Yes/No kkd

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https://www.mhc.tn.gov.in/judis

Page 10 of 13

W.P.No.21761 of 2024

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

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The Directorate of Medical Education, Represented by the Director of Medical Education, Kilpauk, Chennai 600 010.

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3.The Directorate of Medical and Rural Health Services, Represented by the Director of Medical Health and Rural Health Services, 359, Anna Salai, Chennai 600 006.

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The Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai 600 006.

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The Dean, Government Stanley Medical College, No.1, Old Jail Road, Chennai 600 001.

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Page 11 of 13

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W.P.No.21761 of 2024

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VIVEK KUMAR SINGH,J.

kkd

W.P.No.21761 of 2024

20.12.2024

https://www.mhc.tn.gov.in/judis

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W.P.No.21761 of 2024

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Dr.M.Rafeek Ahmed v. the State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

Dr.M.Rafeek Ahmed v. the State of Tamil Nadu

Case brief

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What did the court decide?

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