Madras High Court
Dr.Sathyanarayanan M.M vs The State Of Tamil Nadu on 7 March, 2024
Author: Anita Sumanth
Bench: Anita Sumanth
W.P.No.6099 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07.03.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P.No.6099 of 2024
and
W.M.P.No. 6750 of 2024
1.Dr.Sathyanarayanan M.M.
2.Dr.Achintya Dey
3.Dr.Ahimth J.A.
4.Dr.M.Vinayprasad
5.Dr.L.Arun Kumar
6.Dr.Anjana.A
7.Dr.K.R.Nidharshana ... Petitioners
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 Health Services,
359, Anna Salai, Chennai - 600 006.
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W.P.No.6099 of 2024
4.Directorate of Public Health and Preventive Medicine,
Represented by its Director of Public Health and
Preventive Medicine,
359, Anna Salai, Chennai - 600 006.
5.The Joint Director of Health Services
Dindigul.
6.The Deputy Director of Health Services
Krishnagiri.
7.The Deputy Director of Health Services
Erode.
8.The Deputy Director of Health Services
Tiruchirapalli.
9.The Deputy Director of Health Services
Tiruppur.
10.Tamilnadu Government Dental College and Hospital
Represented by its Principal
No.1, TNPSC Road,
Chennai – 600 003.
11.Madras Medical College
Represented by its Dean
E.V.R.Salai, Chennai – 600 003.
12.Coimbatore Medical College and Hospital
represented by its Dean
Avinashi Road, Coimbatore – 641 018.
... 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' compulsory bond period as completed, and to consequently direct the
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W.P.No.6099 of 2024
Respondent Nos.2 to 10 to relieve the petitioners from the bonded service and to
direct the Respondent Nos.10 to 12 to return the Petitioners' original certificates
and documents collected by the Respondent Nos.11 and 12 while admitting the
petitioners to the post graduate degree course along with their Post Graduate
degree certificates.
For Petitioners : Mr.Suhrith Parthasarathy
For Respondents : Mr.K.Tippu Sultan
Government Advocate
ORDER
WMP No.6748 of 2024 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee.
2. Mr.K.Tippu Sultan, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of the matter, even at this juncture. Hence, by consent of both learned counsel, the Writ Petition is taken up for final disposal, even at the stage of admission.
3. 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 3 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 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.
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.
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.
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 on-duty, such period in this case is quantified as 150 days. On-duty call sheets duly signed by 4 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 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.
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.
6. Allowed in the above terms. No costs. Connected miscellaneous petition is closed."
4. Yet another development has been noted by me in W.P.Nos.32073, 33124, 32505, 32512, 29724 and 32380 of 2023 to following effect:
"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.
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.
3. The discussion from paragraph 7 onwards is clear to this effect and reads as follows:
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 5 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 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'. 7.1. It may be seen that both these temporary appointees as well as the Post-Graduate 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, Branch-I Medical and Branch-II 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 6 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 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).
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.
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.
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."
5. The petitioners have received and have placed on record 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 7 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 petitioners and the number of days of covid duty rendered by the petitioners as per the certificates issued by the respondents, are as follows:
S. PETITIONERS' PG College PG COURSE DURATION DATE OF PLACE OF DURATION No NAME (May 2020 OF COVID- POSTING POSTING OF BOND to May 19 DUTY ORDER DUTY 2023)
1. Dr.Sathyanarayanan Madras MD (General 01.06.2020 11.10.2023 Government 06.11.2023 till M.M. Medical Medicine) to Dental date College 31.03.2022 College & (Respondent Hospital, No.11) (1 year and Chennai 10 months) 2 Dr. Achintya Dey Madras MD (General 01.08.2020 11.10.2023 Government 27.10.2023 till Medical Medicine) to Hospital date College 06.02.2022 Pannaikadu, (Respondent Dindigul No.11) (1 year, 6 months and
6 days) 3 Dr.Ahimth JA Madras MD (General 15.07.2020 NA NA NA Medical Medicine) to College 20.01.2022 (Respondent (1 year, 6 No.11) months and 6 days) 4 Dr.Vinayprasad M Madras MD June 2020 to 11.10.2023 Government 25.10.2023 till Medical (Dermatology, March 2022 Primary date College Venereology (1 year and Health (Respondent and Leprosy) 10 months) Centre, No.11) ThallyHOW, Krishnagiri Health Unit District 5 Dr. Arun Khumar L Madras MD (General 01.06.2020 11.10.2023 Government 01.11.2023 till Medical Medicine) to Primary date College 31.03.2022 Health Centre (1 year and (Respondent P.Puliampatti 10 months) No.11) Erode Health Unit District 6 Dr Anjana A Madras MD (Psychiatry) 07.07.2020 11.10.2023 Government 01.11.2023 till Medical to Primary date College 15.05.2022 Health Centre (Respondent (1 year, 10 Puthanatham No.11) months and , 9 days) Tiruchirapalli 8 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 S. PETITIONERS' PG College PG COURSE DURATION DATE OF PLACE OF DURATION No NAME (May 2020 OF COVID- POSTING POSTING OF BOND to May 19 DUTY ORDER DUTY 2023) Helath Unit District 7 Dr.Nidharshana KR Madras MD 06.08.2020 22.10.2023 Government 07.11.2023 till Medical (Paediatrics) to Primary date College 30.04.2022 Health (Respondent (1 year, 8 Centre, 15 No.11) months and Vellampallay 25 days) am, Tiruppur Health Unit District
6. Mr.K.Tippu Sultan, learned Government Advocate for the respondents 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.
7. The Health and Family Welfare (MCA-1) Department vide 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 2023 will be reduced from two years to one year.
The benefit of this reduction is available to the present petitioners.
8. In this case, covid duty rendered by the petitioners is in excess of a period of 1 year as may be seen from the tabulation above. That apart, except Dr.Ahimth J.A for whom no posting order was issued, all petitioners barring Dr.Nidharshana K.R. who has received posting order on 22.10.2023, have been 9 / 12 https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 issued posting orders on 11.10.2023. These orders have been issued belatedly seen in light of the order of the First Bench in State of Tamil Nadu vs P.S.Sairam and others (2020) 7 Madras LJ 513 and the intervening delay also enures to the benefit of the petitioners. Those in receipt of posting orders have reported for duty on various dates in September and November 2023 and they are stated be in service till date. Taken together the petitioners are seen to have served far in excess of the one year period required under G.O. dated 27.10.2023.
9. The petitioners are all hence released from bonded Government service and there is a direction to the Dean of the Madras Medical College to return their original certificates when the petitioners presents themselves before them, forthwith.
10. This Writ Petition is disposed in the aforesaid terms. No costs. Connected Miscellaneous Petition is closed.
07.03.2024 Index : Yes/No Speaking Order:Yes Neutral Citation:Yes vs To
1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai - 600 009.
10 / 12https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024
2.The Director of Medical Education, Directorate of Medical Education, Kilpauk, Chennai - 600 010.
3.The Director of Medical Health and Rural Health 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 Joint Director of Health Services Dindigul.
6.The Deputy Director of Health Services Krishnagiri.
7.The Deputy Director of Health Services Erode.
8.The Deputy Director of Health Services Tiruchirapalli.
9.The Deputy Director of Health Services Tiruppur.
10.The Principal Tamilnadu Government Dental College and Hospital No.1, TNPSC Road, Chennai – 600 003.
11.The Dean Madras Medical College E.V.R.Salai, Chennai – 600 003.
12.The Dean Coimbatore Medical College and Hospital Avinashi Road, Coimbatore – 641 018.
11 / 12https://www.mhc.tn.gov.in/judis W.P.No.6099 of 2024 DR.ANITA SUMANTH, J.
vs W.P.No.6099 of 2024 and W.M.P.Nos.6748 & 6750 of 2024 07.03.2024 12 / 12 https://www.mhc.tn.gov.in/judis