The bond period is co-terminus with the period of two years from the date a candidate successfully passes out the course, and appointment should be given within this period.

JUDGMENT

(Prayer: W.P.No.23241 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent authorities to forthwith permit the petitioners to relieve from service and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course.

W.P.No.23248 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent authorities to forthwith permit the petitioners to relieve from service and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course, within a time period stipulated by this Court.

W.P.No.23660 of 2023 : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to forthwith permit the petitioners to relieve from service.)

1. These writ petitions have been filed to direct the respondent authorities to relieve the petitioners from service and return all original certificates of the petitioners that were submitted by them at the time of their admission to Post Graduate Degree Course, within a stipulated time.

2. It is the case of the writ petitioners that they joined the Post Graduation Degree Course in Government College in Tamil Nadu in May, 2018 and at the time of admission, they executed a bond with an undertaking to serve the Government of Tamil Nadu for a period of two years and the original certificates of the petitioners were also submitted to the respondent authorities. Thereafter, the petitioners completed their Post Graduation Degree Course in May, 2021. As per the bond, the petitioners are required to work for two years. However, the petitioners were given posting orders only during July 2022, i.e., either on 10.07.2022 or 07.07.2022. The petitioners have stated that they joined duty in the Government Hospitals allotted to them through counselling, in the month of July 2022, and they have been rendering their service continuously till date.

3. It is the grievance of the petitioners that, though the bond period of two years got completed in the month of May,2023, i.e., two years from the date of completion of Post Graduate Course, and the bond has become infructuous, the petitioners have not been relieved from their duties and their original certificates have not been returned to them. Despite the requests made by the petitioners before the respondent authorities on several occasions, nothing fruitful has happened. Hence, the petitioners are constrained to approach this Court by way of these writ petitions.

4. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents.

5. Learned counsel for the petitioners contended that the writ petitioners have completed their Post Graduate Degree Course in the month of May, 2021, however, immediately after completion of their course, they have not been given appointment and the posting orders have been issued only in the month of July, 2022, i.e., either on 07.07.2022 or 10.07.2022. Hence, it is the contention of the learned counsel for the petitioners that, at the most, the petitioners can be compelled to work only till the expiry of the bond period, and once the bond period is over, the petitioners cannot be forced to continue to work with the respondents and the petitioners ought to have been relieved from their duties and the petitioners are also entitled for return of their original certificates. In support of his arguments, the learned counsel also relied upon a judgment of a Division Bench of this Court in State of Tamil Nadu through its Secretary, Department of Health and Family Welfare and another v. P.S.Sairam and others reported in 2020 SCC Online Mad 2742.

6. The Division Bench of this Court in State of Tamil Nadu v. P.S.Sairam and others (su