Pay doctor, consider bond service completed: HC orders GMC
Service Bond
Chennai: The Madras High Court has directed the Government Villupuram Medical College to pay salary to a doctor for the period of work and consider completion of her bond service requirements. Apart from this, the HC bench comprising Justice N Mala has also asked the institute to issue an experience certificate to the doctor and pass a relieving order from the bond service within four weeks.
The petitioner completed her post-graduation (MS) at the Government Stanley Medical College. As a non-service doctor, the petitioner executed a bond obligating her to serve the Government for two years on completion of the postgraduation.
She also submitted her original educational certificates at the time of admission to the authorities. However, after completing her post-graduate studies in May 2021, the petitioner did not receive posting orders for nearly a year, and therefore, she filed a plea seeking a return of the original document and certificates.
Earlier, the Court on 03.06.2022 had directed the college to return the documents and the said order was duly complied with. On 07.07.2022, the petitioner was issued a posting order assigning her to the college for two years. Even though the posting order was delayed, the petitioner joined services on 18.07.2022.
The petitioner availed maternity leave from 25.07.2022 to 24.07.2023 and also unpaid leave from 25.07.2023 to 05.12.2023 and thereafter rejoined the service on 06.12.2023. The petitioner stated that on lapse of two years from the date of completion of the course, the bond period concluded and therefore the petitioner formally resigned and submitted a request on 06.12.2024, to be relieved from service. Since the college did not respond to the petitioner's request, the petitioner filed a plea, seeking direction from the authorities, including the Directorate of Medical Education and Research (DMER), and the Directorate of Public Health and Preventive Medicine to treat her bond period as completed, and further direct the Government Villupuram Medical College to release her pending salary from 01.09.2024 to 05.12.2024, issue an experience certificate, and pass a relieving order from bond service.
While considering the matter, the Court noted that the petitioner completed her bond service and she argued that the college was bound to pay her the salary from 01.09.2024 to 05.12.2024, to issue an experience certificate and pass a relieving order from the bond service.
"The respondents have not disputed that the petitioner has completed her bond service, if so, in my view, on the completion of the bond period, the respondents are bound to pay the petitioner salary, to issue experience certificate and pass relieving order from bond service. I am therefore inclined to issue the mandamus as prayed for," the HC bench observed.
Accordingly, the Court directed the college to release the petitioner's salary from 01.09.2024 to 05.12.2024, issue experience certificate and pass relieving order from the bond service to the petitioner.
"In view of the above discussions, the 5 th respondent is directed to release the petitioner's salary from 01.09.2024 to 05.12.2024, issue experience certificate and pass relieving order from the bond service to the petitioner, within a period of four (4) weeks, from the date of receipt of a copy of this order," the HC bench ordered.
To view the Court order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-bond-service-283701.pdf
