P SURESHKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The writ petition came to be filed by a medical officer seeking to challenge the orders of the Government, dated 02.02.2009 and 06.03.2009. By the two orders, the State Government informed the petitioner that his resignation cannot be accepted due to dearth of hands of medical officers in Government hospitals. When the matter came up on 18.1.2010, the petitioner was asked to produce his terms of appointment. Though he produced it along with an additional typed set, dated 29.1.2010, but the bond produced by him was executed by some other candidate. The bond was to be signed by candidates who were granted stipend to undergo the PG course. Under the terms of the bond, a candidate must agree to serve in rural areas in Tamil Nadu for a period of five years on completion of the PG course, for which the candidate was selected.

(2.) The petitioner was appointed as an Assistant Surgeon (Dental) in May, 1994 and was posted to the Government Hospital, Aruppukkotai. He underwent PG in M.D.S during 1995-1998. After completion of his PG Course, he was posted as an Assistant Surgeon (Dental) in the Government Hospital, Periyakulam. Thereafter, he was promoted as an Assistant Professor in November, 1998 and posted at Tamil Nadu Government Dental College, Chennai. He was further promoted as an Associate Professor in October, 2009 and he is currently working at the Thanjavur Medical College and Hospital, Thanjavur.

(3.) The petitioner sent his resignation on 31.10.2008 under Rule 41(A) of the Tamil Nadu State and Subordinate Service Rules allegedly due to family circumstances. However, the first respondent State by an order, dated 2.2.2009 rejected the case of the petitioner due to dearth of hands of medical officers in the Government Hospitals. The petitioner sent a further appeal, dated 10.2.2009. But, by an order, dated 6.3.2009, his request was rejected. Therefore, the petitioner contended that the reason given by the department was illegal and discriminatory. He also stated that there are 22 Doctors available in the State in respect of Oral Surgery for which the petitioner got qualified. Therefore, there was no shortage of hand. According to him, resignation is unilateral.