HC Relief to MD Medicine Doctor, says Quarantine period counts as part of bond service during COVID Duty
Madras High Court
Chennai: In a significant ruling, the Madras High Court has observed that the quarantine period for postgraduate medical students engaged in Covid duty will be considered as part of their compulsory in-bond government service.
A Bench of Justice Anita Sumanth clarified that the period of quarantine during the COVID-19 pandemic, which was mandatory as per the prevailing rules, should be considered as an extension of the COVID duty itself.
The order was passed while allowing a writ petition filed by Dr Pradeep Vasudevan, a postgraduate in general medicine, now serving at a primary health centre (PHC) in Salem, who sought to include the 150-day quarantine period as part of his bond obligation.
As a result of the court's decision, the State government has been directed to reduce the petitioner's in-bond service period by 150 days. This adjustment advances the end of the bond period to January 2, 2024, instead of the original date of May 31, 2024.
Dr Vasudevan completed his postgraduate studies at KAP Viswanathan Government Medical College in Tiruchi in May 2022. When he was admitted to the program, he signed a Rs 40-lakh bond and committed to working in state institutions for a duration of two years.
However, shortly after commencing the course, the Covid-19 pandemic erupted, and the government hospital associated with the college required the assistance of medical students. Although formal appointment orders weren't issued to postgraduate students, their duty sheets confirmed the services they provided during this critical period.
The Court referred to previous cases where it was established that covid duty performed by students should be considered as service during the bond period. The single judge bench emphasized that the question of whether Covid duty should be considered in-bond service was no longer a subject of debate. This had already been accepted in two previous cases where students were required to perform Covid duty during their course, and the high court had affirmed that Covid duty during the bond period should be recognized as service. The court observed;
"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."
Additionally, the Court had to address the question of whether the quarantine period related to the COVID duty should also be considered as bond service. The Court concluded that quarantine during the COVID period was an extension of the duty itself, as it was mandated by the prevailing rules. It noted;
"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 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."
Subsequently, the court accepted the petitioner's request for a writ of mandamus directing the respondents to conclude the compulsory bond period on January 2, 2024. It held;
"The petitioner's request for a mandamus directing the respondents to treat compulsory bond period as concluding on 02.01.2024 is accepted. R5 (.KAP Viswanathan Government Medical College) 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"
To view the original order click on the link below:
