07-05-2025
HC rules govt doctor can't be forced to work if ready to pay bond money
Shimla: The high court of Himachal Pradesh has ruled that when a govt doctor, who furnished a bond before undergoing a speciality course to serve the state for a specific period, is willing to pay the entire bond money to the govt, he cannot be compelled to work against his wishes.
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Disposing of a petition by
Dr Ashok Garg
of the department of paediatrics at Indira Gandhi Medical College (IGMC) in Shimla, the bench headed by Justice Sandeep Sharma directed the state authorities to issue a no objection certificate (NOC) to Dr Garg after he pays Rs 60 lakh bond money. This will enable him to join the department of neonatology at AIIMS, Bilaspur. The court held, "Since the condition in the bond itself suggests that on account of non-execution of the bond, the person responsible for executing the bond shall be liable to pay the bond money (Rs 60 lakh in the case at hand) and the person responsible, i.e.
the petitioner herein, is ready and willing to pay the bond money, in no eventuality, he can be compelled to work during the bond period."
The bench also did not find any force in the submission made by the state govt that on account of the grant of NOC, the public at large shall suffer due to a paucity of doctors. The court reasoned that pursuant to the grant of NOC, the petitioner shall be joining AIIMS, Bilaspur, which is a premium institution established by the central govt and that too in Himachal Pradesh.
The court is of the view that on account of the posting of the petitioner at AIIMS, Bilaspur, which admittedly has better facilities and a department in the field of neonatology, the public of the state will have better medical facilities, stated the bench.
The court, while disposing of the petition on May 2, directed the petitioner doctor to deposit Rs 60 lakh as bond money to the state govt within seven days, after which the authorities will decide the issue of the doctor's technical resignation within three days, failing which the resignation shall be deemed to have been accepted.
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The authorities have been directed to hand over the NOC and receipt of Rs 60 lakh to the doctor for further submission to AIIMS Bilaspur while joining. The court mentioned that it hopes and trusts that no undue hurdle shall be created by AIIMS Bilaspur while accepting his joining, in terms of his selection made in the year 2023 since the post is still lying vacant.
The petitioner doctor completed his MBBS in 2007 from Rajendra Prasad Government Medical College, Tanda, in Himachal Pradesh, and was appointed as a medical officer in 2009 on a contract basis.
He completed his MD in paediatrics from IGMC, Shimla from 2013 to 2016, followed by a doctorate of medicine in neonatology in 2023 from PGIMER, Chandigarh. He rejoined IGMC in 2016. In August 2023, he was designated as an assistant professor in the department of paediatrics. In December 2023, AIIMS, Bilaspur found him eligible for the post of assistant professor in the department of neonatology "subject to submission of NOC from competent authority," which the state govt denied him, forcing him to approach the high court.
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