Democratic Tamil Nadu Government Govt Doctors Association v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-02-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 3193 of 2026 and WMP.Nos.3607 & 3609 of 2026 Democratic Tamil Nadu Government Doctors Association Rep by its President DR. P. Balakrishnan S/o Paravathimuthu No 751/39 T.H. road Tiruvotriyur Chennai 600 019 ..Petitioner(s) Vs
1. The Secretary Health and Family Welfare Department, Fort St., George Secretariat, Chennai 600 009
2. The Director Directorate of Medical Education and Research, Kilpauk Chenani 600 010
3. The Director Directorate of Medical and Rural health Service, DMS Compound, Teynampet, Chennai ..Respondent(s)
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records and to quash the Impugned Circular Ref. no 100579 / E3/ 1/ 2025 dated 10.12.2025 issued by the 2nd respondent and consequently direct the respondents to act as per G.O. 131 (2D) dated 20.11.2007 by conducting the fresh counselling with respect of Chennai district peripheral institution medical officers those who are working in other departments especially orthopaedics, Psychiatry and BioChemistry to the allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law. For Petitioner(s):
Mr.C..Kanagaraju For Respondent(s):
Mr.K.Tippu Sulthan, Govt. Advocate
ORDER
The Impugned Circular Ref. No 100579 / E3/ 1/ 2025 dated 10.12.2025 issued by the second respondent, is put under challenge in the present Writ Petition. Further, the petitioner's association has sought for a direction to the respondents to act as per G.O. (2D) No.131, dated 20.11.2007 by conducting the fresh counselling with respect of Chennai District Peripheral Institution Medical Officers those who are working in other departments, especially Orthopaedics, Psychiatry and Bio-Chemistry to the allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law.
2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents.
3. The short facts of the case is as follows: 3.1. The petitioner is the President of the Democratic Tamil Nadu Government Doctors Association. It is stated that the members/Doctors, who are waiting for more than 10 years after serving in the peripheral region of Chennai has to be placed in the main institutions of Chennai as per CML Seniority as per G.O.(2D) No.131 dated 20.11.2007. However, the impugned circular dated 10.12.2025 is against the said G.O. and is attempting to promote junior doctors over senior regular doctors without adhering to CML Seniority in Chennai and hence, the present Writ Petition.
4. The learned counsel for the petitioner submitted that it is the grievance of the petitioner's Association that the respondents have not followed the procedure as contemplated under G.O. (2D) No.131, dated 20.11.2007 with regard to the transfer counselling and hence, the present Writ Petition.
5. The learned Government Advocate would submit that there may be a direction to the first respondent to follow the procedure in regard to transfer and promotion as contemplated under G.O. (2D) No.131, dated 20.11.2007.
6. Recording the said submission of the learned Government Advocate, this Writ Petition is disposed of, with a direction to the respondent concerned to strictly adhere to the procedures as contemplated under G.O. (2D) No.131, dated 20.11.2007 in respect of the subject issue. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 03-02-2026 Index: Yes/No Speaking/Non-speaking order DP
To
1. The Secretary Health and Family Welfare Department, Fort St., George Secretariat, Chennai 600 009
2. The Director Directorate of Medical Education and Research, Kilpauk Chenani 600 010
3. The Director Directorate of Medical and Rural health Service, DMS Compound, Teynampet, Chennai
M.DHANDAPANI, J.
DP WP No. 3193 of 2026 03-02-2026