IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.12.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

and

W.M.P.Nos.863 and 865 of 2023

Dr.R.Vivek Praveen ... Petitioner

Vs

1. The Director of Medical Education,

Kilpauk, Chennai – 10.

2. The Dean,

Government Mohan Kumaramangalam Medical College,

Salem.

3. The District Collector,

Dharmapuri – 5.

4. The Tahsildar,

Dharmapuri Taluk,

Dharmapuri. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking to issue Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the 2^nd respondent in his proceedings in Ref. No. 3146/ E3/ 2020 dated 24.06.2021 and the consequential orders passed by the 3^rd and 4th respondents in their proceedings Na.Ka.No.23366/2022/F1 dated 18.11.2022 and Na.Ka.No.4614/ 2022/ A2 dated 19.12.2022 respectively, quash

the same as unsustainable in law and issue consequential directions to the respondents 1 and 2 herein to quantify the interest payable from the date of demand on 09.06.2021 till the date of payment by the petitioner and issue revised orders thereon and pass orders.

For Petitioner : Mr.R.Thamaraiselvan For Respondents : Mr.M.Bindran Additional Government Pleader for R1 to R4

ORDER

Aggrieved by the impugned order, the petitioner is before this Court seeking to issue a Writ of Certiorarified Mandamus.

2. The facts are briefly set out herein below :

a) The petitioner was appointed as Assistant Surgeon (Specialties) in Government Head Quarters Hospital at Pennagaram, Dharmapuri District, in and by the proceedings of the Director of Public Health and Preventive Medicines, Chennai, dated 06.06.2011. He joined the duty on 07.07.2011 and had served the institution for three years i.e., from July 2011 to July 2014.

b) The petitioner, thereafter, pursued a three years course in Doctor of Medicine (DM-Nephrology) under the service quota candidate, at Stanley Medical College, Chennai, from 01.08.2014 to 18.08.2017. While getting an admission into the said course, the petitioner had executed an Agreement Bond dated 26.11.2014 for a sum of Rs.25,00,000/-, agreeing to serve the Government till his superannuation. He had successfully completed the said course.

c) After the completion of the course, he was posted as Assistant Professor of Nephrology at Government Stanley Medical College, Chennai, and had served in the said post during the period August

2017 to October 2018.

d) Thereafter, he was posted as Junior Resident Medical Officer (General Medicine) in Government Medical College at Dharamapuri. Here again he served for one year from October 2018 to August 2019. Subsequently, he was posted as Assistant Professor (Nephrology) at Government Mohan Kumaramangalam Medical College, Salem, from September 2019 to July 2020. During his tent at Salem, he had applied for medical leave for 21 days from 03.07.2020 to 24.07.2020. Thereafter, he extended his leave for another 7 days from 24.07.2020 and for a further period of four weeks on 31.07.2020. The petitioner, thereafter, was not able to rejoin the duty after the expiry of his leave period and had abandoned the Government service in the year 2020.

e) The petitioner was informed by the orders of the second respondent dated 24.06.2021, that he had violated the bond conditions and was directed to deposit a sum of Rs.90,64,236/-. A working sheet was also attached to the said order, in which interest has been calculated for 8,724 days i.e., till the date of his retirement on 31.05.2044. The second respondent, thereafter, also instructed the third respondent to issue orders for recovering the said sum by initiating the provisions of Revenue Recovery Act, 1890.

Challenging the said order of the second respondent, the petitioner is before this Court in this writ petition.

3. A counter has been filed by the second respondent, who seeks to justify the demand on the basis of the bond agreement signed by the petitioner. The respondent would submit, the date on which the petitioner