BADAMUTLANG DYMPEP Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner hails from Meghalaya, and she has done her Super Speciality Course (M.Ch Plastic and Reconstructive Surgery) in Madras Medical College, between 2017 and 2020. At the time of joining her course, she had executed a bond to serve in a Government Hospital for a period of two years, and this period expires on September, 2022. While so, the petitioner was in receipt of a communication dtd. 19/4/2023 from Madras Medical College, by which she was intimated about the intention of the authorities to invoke Revenue Recovery Act, for realising a sum of Rs.50,00,000.00 which the petitioner might have to pay in lieu of the two year period, in terms of the bond that she had executed.

(2.) The petitioner alleges that she was not given any posting whereas she was served with a notice under Revenue Recovery Act by the fourth respondent, which is impugned in this case. The petitioner's grievance is that since she was not served with any order of appointment, there was no occasion for her to join or not to join the post. According to the petitioner, in view of the dictum in State of Tamil Nadu and others Vs P.S.Sairam [2020 7 MLJ 513], a posting should have been given to her within the bond period. Hence, the petitioner has filed this petition challenging the proceedings initiated under the Tamil Nadu Revenue Recovery Act, for breaching the bond that she had executed at the time when she joined the course.

(3.) Heard Ms.N.Nathami, learned counsel for the petitioner and Mr.J.Ravindran, learned Additional Advocate General for the respondents 1,2 and 4.