SUDHA 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 petitioner, after joining the Self Financing College of Nursing, completed the course without salary and allowances for the entire course period for two years.