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R.Sri Vidhya v. the State of Tamilnadu

Madras HC13 Aug 2025WP/17580/2024

Case brief

AI extract

What is this about?

Tamil Nadu PG medical bond service; maternity leave treated as coextensive with bond period; one-year bond under G.O.Ms.No.351 (27.10.2023); COVID duty certificates under G.O.Ms.Nos.278 and 371; Dr.E.Karthika vs. State of Tamil Nadu, W.A.(MD).No.860 of 2023 applied; direction to issue relieving order; return of original certificates and PG degree certificates; Government Madras Medical College; Government Vellore Medical College; Assistant Surgeons bond duty; Rs.40 lakhs bond.

What did the court decide?

Direction to the respondents to issue a relieving order to the 3rd petitioner within four (4) weeks from the date of receipt of a copy of the order; writ petition closed with no costs. ¶75

R.Sri Vidhya Vs the State of Tamilnadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the respondents to issue a relieving order to the 3rd petitioner within four (4) weeks from the date of receipt of a copy of the order; writ petition closed with no costs.

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Issue for consideration

Whether the respondents should be directed to treat the petitioners' bond period as completed, relieve them from bonded service, and direct respondents 5 and 6 to return their original certificates and documents collected during Post-Graduation admission along with their PG degree certificates. +1 more

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Ratio / Principle

The bond period has to be conferred with the maternity leave and treated as coextensive with the bond service; consequently, the respondents are directed to issue a relieving order to the 3rd petitioner within a period of four (4) weeks from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

MADRAS HIGH COURT (Single Judge) - C. Kumarappan J. - WP No. 17580 of 2024, decided 13-08-2025 (Neutral Citation 2025:MHC:2173). Service law - Post-Graduation medical admission bond - maternity leave counted towards bond service. Petitioners, doctors who joined PG (non-service category) in 2020 at Government Madras Medical College and Government Vellore Medical College after executing Rs.40 lakh bonds to serve the Government of Tamil Nadu for two years, sought completion of the bond period, relieving from bonded service, and return of original certificates and PG degree certificates. By the time of hearing, all petitioners had received their original certificates and the 2nd petitioner her relieving order; only the 3rd petitioner lacked a relieving order. Her bond period was one year under G.O.Ms.No.351, Health and Family Welfare (MCA-1) Department dated 27.10.2023; she served until 31.08.2024 with two months left, then availed maternity leave (child born 21.10.2024). Following the Division Bench ruling in Dr.E.Karthika vs. The State of Tamil Nadu, W.A.(MD).No.860 of 2023 (19.06.2025), the Court held the bond period to be conferred with the maternity leave, i.e., coextensive with the bond service, and directed the respondents to issue the 3rd petitioner's relieving order within four weeks. Writ petition closed; no costs.

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2025:MHC:2173

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WP No. 17580 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-08-2025

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CORAM

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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WP No. 17580 of 2024

1.Dr.R.Sri Vidhya

2.Dr.Kalaivani

3.Dr.A.Priyanka

Petitioner(s)

1.The State of Tamil Nadu Represented by its Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-9

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2.Directorate of Medical Education Represented by The Director of Medical Education, Kilpauk, Chennai-10.

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3.Directorate of Medical and Rural Health Services Rep by the Director of Medical Health and Rural Health Services, No.359, Anna Salai, Chennai-6.

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4.Directorate of Public Health and

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Page No.1 of 9

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

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WP No. 17580 of 2024

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Preventive Medicine Represented by The Director Of Public Health And Preventive Medicine, No.359, Anna Salai, Chennai-6

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5.Government Madras Medical College Represented by its Dean, Chennai-600 003.

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6.Government Vellore Medical College Represented by its Dean, Vellore-632 011

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Respondent(s)

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WP No. 17580 of 2024

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PRAYER

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directing the respondents to treat the petitioners' one year bond period as completed and to consequently relieve them from their bonded service and to direct the 5th and 6th respondents to return their original certificates and documents collected during their Post-Graduation admission along with their PG degree certificates, within a time limit to be stipulated by Court.

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For Petitioner(s): Ms. K.Dhivyashree

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For Respondent(s): Mr.K.Tippu Sultan Govt. Advocate

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Page No.2 of 9

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

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WP No. 17580 of 2024

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ORDER

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The present writ petition has been filed seeking a direction to the respondents to treat the petitioners' one-year bond period as completed and

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consequently relieve them from their bonded service and to direct the respondents 5 and 6 to return their original certificates and documents collected during their Post-graduation admission, along with their PG degree certificates.

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The case of the petitioners is that the petitioners are doctors and after completion of their MBBS degree in the year 2020, they have joined for the Post Graduation in the non-service category at the respondents 5 and 6 (Colleges). They completed the course in the year 2023. It is stated that the petitioners joined the post graduation after executing a bond for a sum of Rs.40 Lakhs with an undertaking that they would serve the Government of Tamil Nadu for a period of two years. The petitioners have also submitted their original educational certificates to the concerned Medical Colleges.

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It is further submitted that after commencement of the course in the

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Page No.3 of 9

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WP No. 17580 of 2024

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year 2020, COVID-19 pandemic struck and the petitioners were deputed to

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render COVID duty in their respective colleges and obtained certificate for the same from the Head of the Department based on the G.O.Ms.Nos.278 and 371 issued by the Health and Family Welfare Department dated 17.08.2023 and 18.11.2023 respectively. After completing their PG course, the petitioners were temporarily appointed by the 4th respondent as Assistant Surgeons to work as

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part of their bond. The petitioners reported for duty and served in their respective hospitals for more than a year, but not for the full two years. Since the petitioners had not served the Government of Tamil Nadu for the full bond period of two years, the respondents declined to return their original certificates. Hence, the petitioners are constrained to move the present writ petition.

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Though the present writ petition has been filed by three petitioners

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seeking a writ of mandamus to relieve them from their bonded service and return of the original certificates, the learned counsel for the petitioners would submit that subsequent to the filing of the present writ petition, all the petitioners have received their original certificates. The 1st petitioner is about to

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WP No. 17580 of 2024

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receive the original certificate, and the 2nd petitioner has already received her relieving order. However, regarding the 3rd petitioner, although her original

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certificates have been released, no action has been taken to issue a relieving order.

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It is the contention of the 3rd petitioner that she has completed her course in the month of October 2023. Therefore, by virtue of G.O.Ms.No.351,

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Health and Family Welfare (MCA-1) Department dated 27.10.2023, her bond

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period is one year. The 3rd petitioner joined pursuant to the posting order, which she received on 25.10.2023, and she undertook bond duty, working until 31.08.2024, with two months left to complete the one-year period. It is the submission that during the relevant period of time, she availed maternity leave

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and she gave birth to a male child on 21.10.2024. Therefore, by virtue of the judgment of the Hon'ble Division Bench in the case of Dr.E.Karthika vs. The

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State of Tamil Nadu in W.A.(MD).No.860 of 2023 dated 19.06.2025, the maternity leave must also be counted within the bond service. Consequently, it

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must be construed that the petitioners have completed her bond service.

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Page No.5 of 9

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WP No. 17580 of 2024

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Per contra, the learned Government Advocate appearing on behalf of the respondents would submit that though the petitioners were issued with a

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posting order, they are yet to complete their full bond service. However, in respect of the 3rd petitioner, two months bond service is yet to be completed.

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Hence, the present writ petition is liable to be dismissed.

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I have given my anxious consideration to the submissions made by

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both sides.

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The crux of the contention of the petitioners, as far as the 3rd petitioner

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is concerned she has undertaken the bond service. As of 31.08.2024, there were only two months left to complete the bond service, during that time she took maternity leave. It is contended that the maternity leave must be confer along with the bond service, as held by the Hon'ble Division Bench of this Court in Dr.E.Karthikaa's case (cited supra ). In the present case, although the petitioner

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had two months left to complete the bond service, as the petitioner rightly

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Page No.6 of 9

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WP No. 17580 of 2024

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contends that bond period has to be conferred with the maternity leave asthe

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same to be treated as coextensive with the bond service. Consequently, this