High Court · 2024

W.P.Nos.159 and 162 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 10.01.2024CORAMTHE HONOURABLE DR. JUSTICE ANITA SUMANTHW.P.Nos.159 and 162 of 2024 Dr.K.Tharangini... Petitioner in W.P.No.159 of 2024Dr.D.Lalithkumar... Petitioner in W.P.No.162 of 2024Vs1.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-600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006.... Respondents in both W.Ps5.The Madras Medical College rep. by its Dean1 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024 Chennai Central Railway Station, Poonamallee High Road, Park Town, Chennai - 600003... Respondent in W.P.No.159 of 20235.The Dean Government Villupuram Medical College Mundiyampakkam Vikravandi Taluk.... Respondent in W.P.No.162 of 2023COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat two-year compulsory bond period as completed and to consequently relieve the Petitioners from bonded service in the Government Medical College and Hospital, Thiruvallur and Government Hospital, Uthiramerur, Kanchipuram respectively and to direct the respective 5th respondent to return the all original certificates and documents collected by the respective 5th Respondent while admitting the Petitioners to the post graduate degree course along with his Post Graduate degree certificates.For petitioners:Mr.V.KathirveluFor Respondents:Mrs.Geetha Thamaraiselvan Special Government PleaderC O M M O N O R D E RBy consent of both learned counsel, these Writ Petitions are taken up for final disposal, even at the stage of admission. Heard Mr.V.Kathirvelu, learned 2 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024counsel for the petitioner and Mrs.Geetha Thamaraiselvan, learned Government Advocate (Crl.side) for the State.2. I have considered an identical prayer as in the present Writ Petitions 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 31.05.2024.2.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, 3 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024nothing 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 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. 3. 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:4 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20247. 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.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 5 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024widely 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).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.4. The petitioners 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. 6 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20245. 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 issued by the respondents, are as follows:W.P.No.PETITIONERS' NAMEPG in :(01.05.2019 to 30.04.2022)PG COURSEDURATION OF COVID-19 DUTYDATE AND PLACE OF POSTING ORDER 159 of 2024Dr.K.TharanginiMadras Medical College MS Obstetrics and GynaecologyApril 2020 to April 202207.07.2022 Government Medical College and Hospital, ThiruvallurJoined on 01.08.2022162 of 2024Dr.D.LalithkumarVillupuram Government Medical ColleteM.D.General Medicine24.03.2020 to 30.04.202215.10.2022Utiramerur Government Taluk Hospital, KanchipuramJoined on 28.10.20236. Mrs.Geetha Thamaraiselvan, learned Additional Government Pleader for the respondents substantially verifies the particulars in the aforesaid tabulation. 7. In the present case, the period of covid duty is itself in excess of two years and runs simultaneous with the PG course itself. Thus, in fact, the question of any posting thereafter would not arise based on the present prevailing Government Orders and the orders passed by this Court alluded to in the previous paragraphs. The posting order issued thereafter does not have any sanctity. 7 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20248. That apart, though the petitioners state that they joined the post on 07.07.2022 and 15.10.2022 respectively, there is nothing to establish the same and neither is there any material to indicate the duration of such regular service. Hence, the same is eschewed as, for the purposes of the present order, the covid duty would suffice.9. In 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. 10. The petitioners are hence released from bonded Government service and there is a direction to the Dean, Madras Medical College, Chennai and Villupuram Government Medical College, arrayed as respondent in the Writ petitions to return their original certificates when the petitioners present themselves before them, forthwith. 11. These Writ Petitions are disposed in the aforesaid terms. No costs. 10.01.2024slIndex : Yes/NoSpeaking Order:YesNeutral Citation:Yes8 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024To1.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-600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006.5.The Dean Government Stanley Medical College Old Jail Road, George Town, Chennai - 6000019 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024DR.ANITA SUMANTH, J.slW.P.Nos.159 and 162 of 202410.01.202410 / 10

W.P.Nos.159 and 162 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 10.01.2024CORAMTHE HONOURABLE DR. JUSTICE ANITA SUMANTHW.P.Nos.159 and 162 of 2024 Dr.K.Tharangini... Petitioner in W.P.No.159 of 2024Dr.D.Lalithkumar... Petitioner in W.P.No.162 of 2024Vs1.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-600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006.... Respondents in both W.Ps5.The Madras Medical College rep. by its Dean1 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024 Chennai Central Railway Station, Poonamallee High Road, Park Town, Chennai - 600003... Respondent in W.P.No.159 of 20235.The Dean Government Villupuram Medical College Mundiyampakkam Vikravandi Taluk.... Respondent in W.P.No.162 of 2023COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents to treat two-year compulsory bond period as completed and to consequently relieve the Petitioners from bonded service in the Government Medical College and Hospital, Thiruvallur and Government Hospital, Uthiramerur, Kanchipuram respectively and to direct the respective 5th respondent to return the all original certificates and documents collected by the respective 5th Respondent while admitting the Petitioners to the post graduate degree course along with his Post Graduate degree certificates.For petitioners:Mr.V.KathirveluFor Respondents:Mrs.Geetha Thamaraiselvan Special Government PleaderC O M M O N O R D E RBy consent of both learned counsel, these Writ Petitions are taken up for final disposal, even at the stage of admission. Heard Mr.V.Kathirvelu, learned 2 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024counsel for the petitioner and Mrs.Geetha Thamaraiselvan, learned Government Advocate (Crl.side) for the State.2. I have considered an identical prayer as in the present Writ Petitions 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 31.05.2024.2.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, 3 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024nothing 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 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. 3. 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:4 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20247. 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.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 5 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024widely 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).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.4. The petitioners 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. 6 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20245. 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 issued by the respondents, are as follows:W.P.No.PETITIONERS' NAMEPG in :(01.05.2019 to 30.04.2022)PG COURSEDURATION OF COVID-19 DUTYDATE AND PLACE OF POSTING ORDER 159 of 2024Dr.K.TharanginiMadras Medical College MS Obstetrics and GynaecologyApril 2020 to April 202207.07.2022 Government Medical College and Hospital, ThiruvallurJoined on 01.08.2022162 of 2024Dr.D.LalithkumarVillupuram Government Medical ColleteM.D.General Medicine24.03.2020 to 30.04.202215.10.2022Utiramerur Government Taluk Hospital, KanchipuramJoined on 28.10.20236. Mrs.Geetha Thamaraiselvan, learned Additional Government Pleader for the respondents substantially verifies the particulars in the aforesaid tabulation. 7. In the present case, the period of covid duty is itself in excess of two years and runs simultaneous with the PG course itself. Thus, in fact, the question of any posting thereafter would not arise based on the present prevailing Government Orders and the orders passed by this Court alluded to in the previous paragraphs. The posting order issued thereafter does not have any sanctity. 7 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 20248. That apart, though the petitioners state that they joined the post on 07.07.2022 and 15.10.2022 respectively, there is nothing to establish the same and neither is there any material to indicate the duration of such regular service. Hence, the same is eschewed as, for the purposes of the present order, the covid duty would suffice.9. In 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. 10. The petitioners are hence released from bonded Government service and there is a direction to the Dean, Madras Medical College, Chennai and Villupuram Government Medical College, arrayed as respondent in the Writ petitions to return their original certificates when the petitioners present themselves before them, forthwith. 11. These Writ Petitions are disposed in the aforesaid terms. No costs. 10.01.2024slIndex : Yes/NoSpeaking Order:YesNeutral Citation:Yes8 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024To1.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-600 006.4.Directorate of Public Health and Preventive Medicine Represented by the Director of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006.5.The Dean Government Stanley Medical College Old Jail Road, George Town, Chennai - 6000019 / 10 https://www.mhc.tn.gov.in/judis W.P.Nos.159 and 162 of 2024DR.ANITA SUMANTH, J.slW.P.Nos.159 and 162 of 202410.01.202410 / 10