Disposed

Dr.S.Keerthana v. the State of Tamil Nadu

Madras HC19 Feb 2024WP/3758/2024

Case brief

AI extract

What is this about?

Postgraduate doctors sought release from one-year bonded government service, contending covid duty exceeded the requirement under Government Orders reducing the bond to one year. Court held they had served far in excess of one year, released them from bonded service, and directed return of their original certificates.

What did the court decide?

Petitioners released from bonded service; Deans of respective colleges directed to return original certificates forthwith.

Dr.S.Keerthana Vs the State of Tamil Nadu — Education and Admissions | Madras HC (2024)

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2024:MHC:6430

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W.P.Nos.3758, 3762 and 3763 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 19.02.2024

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CORAM

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THE HONOURABLE DR. JUSTICE ANITA SUMANTH

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W.P.Nos.3758, 3762 and 3763 of 2024

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Dr.S.Keerthana

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.... Petitioner in W.P.No.3758 of 2024

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Dr.J.Sethupathi

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.... Petitioner in W.P.No.3762 of 2024

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Dr.M.Arun

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.... Petitioner in W.P.No.3763 of 2024

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

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2.Directorate of Medical Education, Rep. by its Director of Medical Education, Kilpauk, Chennai - 600 010.

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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.

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

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.... Respondents in the above W.P.s

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5.K.A.P.Viswanathan Government Medical College, represented by its Dean,

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W.P.Nos.3758, 3762 and 3763 of 2024

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Tiruchirappalli – 620 001.

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.... Respondents in W.P.Nos.3758 & 3762 of 2024 5. Government Thanjavur Medical College, represented by its Dean, Thanjavur – 613 004.

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.... Respondent in W.P.No.3763 of 2024

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COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat the Petitioners' one year bond period as completed, and to consequently to relieve them from the bonded service in the Government Hospital, Gingee, Villupuram District, Government Hospital, Gandharvakottai, Pudhukottai District and Government Hospital, Rameswaram, Ramanathapuram District and to direct the 5^th Respondent to return their original certificates and documents collected during their post graduate admission along with their Post Graduate degree certificate, Transfer certificate and conduct certificate.

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In all writ petitions For Petitioners : Ms.K.Dhivyashree For Respondents : Mr.K.Tippu Sultan Government Advocate

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COMMON ORDER

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Mr.K.Tippu Sultan, learned Government Advocate accepts notice for the

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respondents and is armed with instructions to enable final disposal of the matter, even at this juncture. Hence, by consent of both learned counsel, these Writ Petitions are taken up for final disposal, even at the stage of admission.

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W.P.Nos.3758, 3762 and 3763 of 2024

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I have considered an identical prayer as in the present Writ Petitions in

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W.P.No.28238 of 2023 and have held as follows:

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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 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

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W.P.Nos.3758, 3762 and 3763 of 2024

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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 on-duty, such period in this case is quantified as 150 days. On-duty 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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Yet another development has been noted by me in W.P.Nos.32073,

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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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W.P.Nos.3758, 3762 and 3763 of 2024

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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 PostGraduate medical students are registered medical 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, NonClinical 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

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W.P.Nos.3758, 3762 and 3763 of 2024

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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 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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The petitioners have 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.

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W.P.Nos.3758, 3762 and 3763 of 2024

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The details of the post-graduation courses completed by the petitioners and the number of days of covid duty rendered by the petitioners as per the certificates

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issued by the respondents, are as follows:

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W.P.N o	PETITIONERS' NAME	PG IN:	PG COURSE	DURATION OF COVID- 19 DUTY	PLACE OF POSTING	DATE OF APPOINTMENT AND DURATION MENTIONED	DATE OF JOINING
3758 of 2024	Dr.S.Keerthana	K.A.P. Viswanathan Government Medical College, Trichy.	MD Anaesthesiology Completed in June, 2023	26.06.2020 to 04.05.2023 (2 years, 10 months and 9 days)	Government Hospital, Gingee, Villupuram District	11.10.2023 (For a minimum period of 1 year and 7 months)	25.10.2023 (Serving till date)
3762 of 2024	Dr.J.Sethupathi	K.A.P. Viswanathan Government Medical College, Trichy.	MD Anaesthesiology Completed in August, 2023	04.08.2020 to 04.05.2023 (2 years & 9 months)	Government Hospital, Ganarvakottai, Pudhukottai District	11.10.2023 (For a minimum period of 1 year and 9 months)	30.10.2023 till date
3763 of 2024	Dr.M.Arun	Govt. Tanjore Medical College	MS Orthopaedics Completed in May, 2022	24.03.2020 to 31.03.2022 (24 months and 6 days)	Government Hospital, Rameshwaram, Ramanadhapura m District	10.07.2022 (For a minimum period of 2 years)	16.07.2022 to 01.06.2023 (currently under medical leave)

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Mr.K.Tippu Sultan, learned Government Advocate would categorically

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confirm that the particulars as set out in the tabulation above have been verified

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with the authorities to be correct and representing the proper sequence of events.

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The petitioners had completed their courses in June, 2023, August, 2023 and May, 2022 respectively. They have received posting orders belatedly and as per the decision of the First Bench of this Court in State of Tamil Nadu

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W.P.Nos.3758, 3762 and 3763 of 2024

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vs P.S.Sairam and others ( 2020) 7 Madras LJ 513, the posting orders are to run

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co-terminus with the period of successful completion of course of the candidate.

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That 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.

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In light of the above, nothing stands in the way of the petitioners being given the benefit of mandamus as sought, to treat the one year compulsory bond period as completed. In fact, in all the cases, they have rendered covid duty service in excess of the period 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. .

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The petitioners are hence released from bonded Government service

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and there is a direction to the Dean of respective colleges all arrayed as

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W.P.Nos.3758, 3762 and 3763 of 2024

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respondents to return their original certificates when the petitioners present

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themselves before them, forthwith.

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These Writ Petitions are disposed in the aforesaid terms. No costs.

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Connected Miscellaneous Petitions are closed.

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19.02.2024

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Index : Yes/No Speaking Order:Yes Neutral Citation:Yes sl

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

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2.Directorate of Medical Education, Rep. by its Director of Medical Education, Kilpauk, Chennai - 600 010.

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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.

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

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