DEVIKA Vs. SECRETARY MEDICAL AND HEALTH DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed for issuance of writ of mandamus directing the respondents to include the two years Post Basic B.Sc., Course undergone by the petitioner as a service period and grant other consequential benefits.

(2.) The case of the petitioner is that she was appointed as staff nurse on contract basis at Government Mental Health Hospital, Kilpauk, Chennai and her services were regularized by the 2nd respondent from 15.06.2006. The further case of the petitioner is that, she got permission from the 2nd and 3rd respondent to study Post basic B.Sc., (Nursing) course and she underwent the course during the period 2014-2016. The petitioner was able to get seat only in a private nursing college. According to the petitioner, this course is available in two Government Colleges and 66 private Nursing Colleges and since the petitioner did not get seat in the Government College, she had joined a private Nursing College and permission was duly granted by the 2 nd and 3rd respondents. According to the petitioner, respondents are treating the course period of two years as service period insofar as those candidates who joined Government Colleges. Insofar as the candidates who joined private Colleges, they are not eligible for salary/other service benefits for the study period on par with other service candidates studying in Government Medical Colleges. The Government in G.O.Ms.No.63, dated 07.03.2017 took into consideration the request made by certain candidates and the relevant portions in the Government order is extracted hereunder:

(3.) The Medical Officerts in Tamil Nadu Medical Service (Service Candidates) undergoing Post Graduate Degree/Diploma/M.Ch.Super Specialty Courses from the year 2013-2014 and 2014-2015 in Self Financing Institutions, selected through Selection Committee/Single Window System have represented that they are working in various Government Medical Institutions under various Directorates and are selected for undergoing Post Graduate Degree/Diploma/M.Ch.Super Specialty Courses for the year 2013-2014 and 2014-2015 in Self-financing Private Medical Colleges, through Selection Committee/Single-Window system. As per clause 53 in the Prospectus for admission in Post Graduate Degree / Diploma / M.Ch.Courses, they are not eligible for study leave and as such they are not eligible for salary/other service benefits for their study period on par with other 'Service Candidates' studying in Government Medical Colleges. They have, therefore, requested the Government to grant study leave as per rule 84 of the Tamil Nadu Leave Rules and sanction of salary/other service benefits on par with other service candidates undergoing Post Graduate Degree/Diploma/M.Ch.Super Specialty Courses in Government Medical Colleges. They have also stated that they are willing to work till their superannuation after completion of their courses by way of signing bond.