HC rules bond posting orders must be issued within bond period, doctor gets relief
Madras High Court
Chennai: Observing that the bond service posting orders should be issued within the bond period, the Madras High Court recently granted relief to a doctor by quashing her posting order, which was issued beyond the bond period.
"It is well settled principle of law that the posting order should have been issued within the bond period, as it is coextensive with bond period," observed the HC bench comprising Justice C. Kumarappan.
These directions were issued by the High Court bench while considering a plea filed by a doctor, who challenged her bond service posting order issued after the bond period had expired.
The petitioner joined a Post Graduate Degree in Madras Medical College for the academic year 2020-2023. Consequently, the petitioner completed her course in October, 2023.
It was submitted by the petitioner's counsel that even though the bond period was originally fixed as two years, it was later reduced to one year, for those who completed their PG course in the year October 2023.
He further submitted that since the petitioner completed her course during October 2023, her bond service is only for one year, therefore, the posting order should have been issued within one year from October 2023. However, the Director of Public Health and Preventive Medicine issued a posting order on 26.05.2025, which was in contravention of the orders of the High Court. Therefore, the petitioner's counsel prayed to issue directions to the authorities to return the original certificates to the doctor.
On the other hand, the Government counsel submitted that according to the prospectus, the doctor has to render two years of bond service and further submitted that the one year bond service which the doctor relied on, did not apply to the petitioner.
Meanwhile, the doctor's counsel referred to G.O.(Ms).No. 351, dated 27.10.2023, through which, the Government had reduced the bond period to one year for those who completed their PG course in October 2023.
Taking note of this, the HC bench observed, "Admittedly, the petitioner had completed her PG Course in the year October-2023, therefore, as rightly contended by the learned counsel for the petitioner the bond period for the petitioner is only for one year, whereas admittedly the posting order was issued after one year."
Opining that it was a well settled legal principal that the posting order should have been issued within the bond period, the bench noted that in this case, "it was issued subsequent to the bond period".
Accordingly, the High Court quashed the bond service order and directed the authorities to return the original certificates to the petitioner. It ordered, "Therefore, this Court deems it appropriate to quash the posting order issued by the 3 rd respondent in R.No.10305312/E5/A4/2025, dated 26.05.2025 signed on 26.06.2025. As a concomitant the respondents are directed to return all the original certificates to the petitioner, within the period of four weeks from the date of receipt of copy of this order."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-bond-documents-298736.pdf
