Latest news with #ThanjavurMedicalCollege


News18
a day ago
- General
- News18
Doctor's Maternity Leave Is Valid Bond Service, Says Madras High Court
Last Updated: The judgment further observed that rights under the Maternity Benefit Act, 1961 override any contrary conditions in employment contracts or bond agreements The Madras High Court recently held that maternity leave taken during the mandatory government bond service must be treated as valid service, directing the authorities to return the educational certificates of a postgraduate medical student who had been denied them for not completing the full tenure. A division bench comprising Justices GR Swaminathan and K Rajasekar delivered the verdict in an appeal filed by Dr. E. Krithikaa, who had completed her MS (General Surgery) from Thanjavur Medical College and served in a government hospital for a year before going on maternity leave. Dr Krithikaa had been appointed as an Assistant Surgeon following the completion of her postgraduation and served in Thittakudi Government Hospital for 12 months. However, as she did not complete the full two-year bond period — having gone on maternity leave — the state authorities refused to release her original certificates. Her initial writ petition seeking the return of documents was dismissed, prompting her to file a writ appeal. The division bench emphasised that maternity benefits are not merely welfare measures but a matter of constitutional right protected under Article 21. It relied heavily on the Supreme Court's decisions in Kavita Yadav v. State (2024) and Deepika Singh v. PGIMER (2023), which clarified that maternity leave must be recognised as part of employment service and that any attempt to deny this would violate both statutory protections and constitutional guarantees. Justice Swaminathan, writing for the bench, stated, 'Maternity leave is integral to maternity benefit and forms a facet of Article 21. The appellant, though not a regular government employee, is entitled to the same treatment under the law." Reinforcing the point with literary flair, the court quoted poet John Milton's famous line from Paradise Lost—'They also serve who only stand and wait"—to underscore that maternity is no less a form of national service than any physical presence at the workplace. Accordingly, the court set aside the single judge's earlier dismissal and directed the authorities to return Dr Krithikaa's certificates within four weeks. First Published:


Time of India
5 days ago
- Health
- Time of India
Count maternity leave period of doctor as part of bond period: HC
Madurai: The 12-month maternity leave period of a doctor, who signed a bond to serve the state govt for two years while joining a PG course at Thanjavur Medical College, must be counted as part of the bond period, the Madras high court recently ruled, and directed the authorities to return her original certificates. The court was hearing the appeal filed by E Krithikaa. She was allotted a seat in the MS (general surgery) course at Thanjavur College for the 2016-17 academic year. According to the prospectus, candidates must sign a bond for 40 lakh, undertaking to serve the state govt for at least two years. After obtaining her PG degree, she was appointed as an assistant surgeon at Thittakudi govt hospital in 2019. She served for 12 months before going on maternity leave. Since she served the govt for only 12 months, the authorities declined to return her original certificates. In 2022, she filed a petition seeking a direction to return her original certificates. However, the single bench dismissed her petition. Challenging the order, Krithikaa filed the present appeal in 2023. A division bench of justice G R Swaminathan and justice K Rajasekar observed that an educational certificate is not a marketable commodity and hence cannot be retained or withheld for any reason. "As per the conditions set out in the prospectus, the appellant has to serve the govt of Tamil Nadu in one of their hospitals for two years. This condition must give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. This is especially so because the honourable Supreme Court declared that any woman has a fundamental right to the benefits arising out of her situation of maternity. Maternity leave is integral to maternity benefit and forms a facet of Article 21 of the Constitution," the judges observed. The judges further noted, "The appellant is not a govt employee. She is only obliged to render bond service to the govt for two years. But a regular state govt employee is entitled to avail maternity leave for 12 months as per the amended service rules. We believe that the appellant is also entitled to the same treatment applicable to any govt employee. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14 of the Constitution. " The second half of the bond service turned out to be the maternity period for the appellant. Applying the legal fiction laid down by the Supreme Court, the appellant must be considered to have served the govt even during her maternity period. Allowing the appeal, the judges set aside the order of the single bench.


The Hindu
5 days ago
- Health
- The Hindu
‘Maternity period has to be counted as part of bond period'
Granting relief to a doctor, the Madurai Bench of the Madras High Court has held that the maternity period of 12 months has to be counted as part of the bond period and directed Thanjavur Medical College to return her certificates. The court was hearing an appeal filed by E. Krithikaa who obtained her MBBS degree in 2014. She was allotted a seat in MS (General Surgery) in Thanjavur Medical College for the academic year 2016-17 which was a three year course. As per the prospectus for admission to postgraduate courses in Tamil Nadu Government Medical Colleges (2016-19), the candidate should sign a bond for a sum of ₹40 lakh with an undertaking that he/she would serve the State for a period of not less than two years. In addition, the candidate was required to submit the original educational certificates to the medical college. The appellant had signed the bond and also submitted her original certificates. After the appellant obtained her PG degree, she was appointed as Assistant Surgeon at Thittakudi Government Hospital in 2019. She reported for duty and served in the hospital for 12 months. Following her pregnancy, she went on maternity leave. Since she had served the government only for 12 months and not for 24 months of bond service, the hospital authorities declined to return her original certificates. A Division Bench of Justices G.R. Swaminathan and K. Rajasekar observed that the condition set out in the prospectus has to give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. The Supreme Court declared that women have a fundamental right to benefits arising out of the situation of maternity. Maternity leave was integral to maternity benefit and forms a facet of Article 21 of the Constitution. The court observed that the appellant no doubt is not a government employee. She is only obliged to render bond service to the government for two years. But a regular State government employee is entitled to avail maternity leave for 12 months as per the amended Service Rules. The appellant was also entitled to the very same treatment applicable to any government employee. The fact that she was only in the service of the government without being a regular employee is irrelevant. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14. Applying the legal fiction laid down in Kavita Yadav case, the appellant must be taken to have served the government even during her maternity period. In other words, the maternity period of 12 months has to be counted as part of the bond period, the court observed.