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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, J.
Dr. Bensi Benni Gasper – Appellant
Versus
The State of Tamil Nadu, Rep. by its Principal Secretary, Health & Family Welfare Department, Chennai & Others – Respondent
W.P. No. 35672 of 2023 & W.M.P. No. 35644 of 2023
Decided on : 05-03-2024
MANDAMUS - Compulsory Bond Period - [Article 226 of the Constitution of India] - [W.P.No.28238 of 2023, W.P.No.26556 of 2022, W.P.No.22894 of 2023, W.P.Nos.32073, 33124, 32505, 32512, 29724, 32380 of 2023, G.O.Ms.No.371 dated 18.11.2023, G.O.(MS.) No.278 dated 17.08.2023, G.O.Ms.No.17 dated 11.01.2024] - The court discussed the petitioner's completion of the compulsory bond period, the impact of Covid duty and quarantine on the bond period, and the reduction of bond period for non-service post graduates. The court's decision was influenced by previous judgments and government orders, interpreting the Covid duty as part of the bond service and reducing the bond period for non-service post graduates.
Fact of the Case:
The petitioner, a Doctor, completed Post Graduation in General Medicine and executed a bond to serve the State for two years. Due to the Covid-19 pandemic, the petitioner and other students were required to be on Covid duty. The court considered the Covid duty and quarantine as part of the bond service, advancing the closure of the bond period.
Finding of the Court:
The court found that the Covid duty and quarantine should be considered as part of the bond service, and the petitioner's bond period was concluded earlier than the original date. The court also noted the reduction of bond period for non-service post graduates and released the petitioner from bonded Government service.
Issues: The issues involved the consideration of Covid duty and quarantine as part of the bond service, the reduction of bond period for non-service post graduates, and the release of the petitioner from bonded Government service.
Ratio Decidendi: The court held that Covid duty and quarantine should be considered as part of the bond service, relying on previous judgments and government orders. The reduction of bond period for non-service post graduates was also applied in the petitioner's case.
Final Decision: The court allowed the petition, directed the respondents to treat the compulsory bond period as concluded earlier, and released the petitioner from bonded Government service.
JUDGMENT :
(Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to treat the petitioner's two year compulsory bond period as completed and to consequently direct the 5th respondent to return the petitioner's original certificates and documents collected by the 5th respondent while admitting the petitioner to the post graduate degree course along with his Post Graduate degree certificate.)
1. This matter is listed today under the caption 'for being mentioned'.
2. The errors chronicled by way of memo filed today i.e., 05.03.2024, that reads as follows:-
| Para/Table Reference | Existing Reference in order dated 14.02.2024 | Required Correction (marked in bold) |
| Second column, first Row | PG in : (May 2019 to May 2022) | PG in : (May 2018 to May 2022) |
| Fifth column, second row | 16.02.2022 | 16.02.2023 |
| Sixth column, second row | 12.05.2023 to 08.02.2024 (8 months, 28 days) | 1 year and six months |
| Para 7 | The Petitioner has received the posting order on 16.02.2022, but... | The petitioner has received the posting order dated 16.02.2023, but |
3. The revised table with the correct details is enclosed herewith. I request this Hon'ble Court to take the present Memo and the enclosed table on record and pass such orders as deemed fit, and thus render justice.”
3. Fresh tabulation has been given setting out the correct particulars. Hence, order dated 14.02.2024 is re-called and fresh order is passed now.
4. Mr. Tippu Sultan, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at this juncture. Hence, by consent of both learned counsel, this Writ Petition is taken up for final disposal, even at the stage of admission.
5. I have considered an identical prayer as in the present Writ Petition in W.P.No.28238 of 2023 and have held as follows:
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,
The main legal point established in the judgment is that Covid duty and quarantine can be considered as part of the bond service, and the bond period for non-service post graduates can be reduced bas....
The duty performed by PG students during Covid period must be taken as regular medical service, and the covid duty and quarantine period should be considered as part of the bond service.
The main legal point established is that covid duty performed by medical students can be considered as part of the compulsory bond period, as per the Medical Service Rules and government orders.
Covid duty and quarantine are considered as part of bonded service, and government orders reducing bond period are applicable to eligible candidates.
Covid duty and quarantine relatable to covid duty should be considered as bond service, and the duty performed by PG students during Covid period must be taken as regular medical service.
Covid duty performed by post-graduate medical students should be considered as part of the bond service period as per the Tamil Nadu Medical Service Rules and government orders.
The completion of bond period for doctors and the consideration of covid duty and quarantine period as part of the bond service under the Tamil Nadu Medical Service Rules.
Duties performed during the covid period should be treated as eligible duty for both Under Graduate and Post Graduate medical education, and the State issued a directive to replace 'Medical Officers'....
Covid duty and quarantine should be considered as part of the bond service period for medical students.
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