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Madras High CourtCONT P/1851/2026closed

Mrs. L.Benadic Amala Santha, v. Dr. D.K.Chitra, M.D., And Another

2026-06-12Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 12.06.2026

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA L.Benadic Amala Santha, W/o Mohan Kumar ... Petitioner Vs.

1.Dr.D.Chitra, M.D., The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai-600 006.

2.Dr.R.Suganthy Rajakumari, M.D., Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai-10.

...Respondents

Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying and violating the order dated 18.09.2025 passed in W.P.No.32453 of 2024. For petitioner : Mr.R.K.Gandhi For respondents : Mr.P.V.Balasubramaniam, Addl. Advocate General, Assisted by Ms.R.K.Varshini Government Advocate(Crl. Side)

ORDER

Alleging that the order passed by this Court dated 18.09.2025 in W.P.No.32453 of 2024, has not been complied with, the present Contempt Petition has been filed.

2. The case of the petitioner is that she was appointed as a Staff Nurse on 11.03.2011 at the Primary Health Centre, Dombuchery, Theni District. After her services were regularised by the first respondent, she was posted as Staff Nurse at the Government Kilpauk Medical College & Hospital, Chennai, on 06.03.2017. Since the petitioner is a native of Dindigul District and considering her family circumstances, the second respondent issued an order of deputation posting her at the Government Medical College & Hospital, Dindigul. Thereafter, the petitioner submitted a representation dated 28.08.2024 to the respondents seeking transfer to her native place or to any of the Urban Primary Health Centres in Dindigul District. Since the said representation was pending consideration, the petitioner approached this Court by filing the writ petition. This Court, by order dated 18.09.2025, without going into the merits of the case, directed the second respondent to consider the petitioner's representation dated 28.08.2024 and pass

appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of the order. Pursuant thereto, the second respondent, by proceedings dated 26.05.2026, informed the petitioner that at present, there was no vacancy available at the place sought by her and therefore, her request for transfer could not be considered favourably. Alleging non-compliance of the aforesaid direction, the present contempt petition has been filed.

3. Learned counsel for the petitioner submitted that despite the order passed by this Court on 18.09.2025 directing the respondents to consider the representation within a period of six weeks, the same was not considered within the stipulated time.

4. Mr. P.V. Balasubramaniam, learned Additional Advocate General appearing for the State, submitted that the petitioner's representation was duly considered by the second respondent and a reply was sent through a special messenger, which was duly acknowledged by the petitioner. He further submitted that the second respondent had carefully examined the petitioner's request and found that no vacancy was available at the place

sought by her and therefore, her request could not be acceded to. It was also informed to the petitioner that transfers of Staff Nurses are effected through general counselling and in the event of any vacancy arising in future, she would be entitled to participate in the counselling and opt for a place of her choice based on her seniority. He further submitted that on account of the election process, there was some delay in considering the representation and that such delay was neither wilful nor wanton. Therefore, he prayed for closure of the Contempt Petition.

5.Taking note of the fact that the petitioner's representation dated 28.08.2024 has been considered and appropriate orders have been passed by the second respondent, this Court is of the view that the direction issued in the writ petition has been substantially complied with. The delay in passing the order has also been satisfactorily explained. 6.Accordingly, the Contempt Petition stands closed. The petitioner is at liberty to participate in the counselling process for transfer and work out her remedies in the manner known to law, if so advised. 12.06.2026 raa

A.D.JAGADISH CHANDIRA J.

raa Contempt Petn. No.1851 of 2026 12.06.2026