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Madras High CourtWP/2178/2026disposed of with direction

Dr.V.Vijaya Banu (Cml No.9891) v. The Secretary

2026-02-04Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.2373, 2374, 3611, 3612, 3627 and 3629 of 2026 Dr.V.Vijaya Banu ... Petitioner in W.P.2178/2026 Dr.D.Saritha ... Petitioner in W.P.3197/2026 Dr.Senthil Kumar ... Petitioner in W.P.3208/2026 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, Chennai - 600 010.

3 The Director, Directorate of Medical and Rural Health Services, DMS Compound, Teynampet, Chennai - 600 018. ... Respondents in all the W.Ps. 4 Dr.A.L.Lakshmi 5 Dr.R.Sivatsawa ... Respondents in W.P.2178/2026 1/7

4 Dr.Jayakumar 5 Dr.Maheswar 6 Dr.Gopalsamy 7 Dr.Joshua ... Respondents in W.P.3208/2026 Prayer in W.P.No.2178 of 2026:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records and to quash the impugned Circular (Ref.No.100579/E3/1/2025) dated 17.12.2025 issued by the second 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 to Chennai District peripheral institution medical officers those who are working in other departments especially to Bio-Chemistry to be allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law.

Prayer in W.P.No.3197 of 2026:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records and to quash the impugned Circular (Ref.No.100579/E3/1/2025) dated 24.11.2025 issued by the second 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 to Chennai District institution medical officers especially in Psychiartry Department and to be allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law. 2/7

Prayer in W.P.No.3208 of 2026:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records and to quash the impugned Transfer Counselling Posting Order in R.No. 100579/E3/1/2025-Intra-Ortho dated 16.12.2025 with respect to transfer of ortho department in Chennai issued by the second 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 to Chennai district institution medical officers those who are working in other departments especially Orthopaedics, Psychiartry and Bio - Chemistry to be allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law.

For Petitioners : Mr.C.Kanagaraj For Respondents : Mr.K.Tippu Sulthan Government Advocate C O M M O N O R D E R These writ petitions have been filed seeking to quash the Circular (Ref.No.100579/E3/1/2025) dated 24.11.2025, Circular (Ref.No.100579/E3/1/2025) dated 24.11.2025 and Transfer Counselling Posting Order in R.No. 100579/E3/1/2025-Intra-Ortho dated 16.12.2025 respectively, issued by the second respondent and to direct the respondents to act as per G.O.131(2D) dated 20.11.2007 3/7

by conducting fresh counselling with respect to Chennai District institution medical officers and to be allowed to get transfer in the service as per the available vacancies in Chennai as per the CML Seniority in accordance with law.

2.Since the issue involved in these writ petitions are common in nature, these writ petitions are heard together and disposed of by way of a common order.

3.The learned counsel appearing for the petitioners submitted that the petitioners are working as Senior Assistant Surgeon, Assistant Resident Medical Officer and Casualty Medical Officer respectively, and they were initially employed outside Chennai City and thereafter posted at Chennai. Whileso, the respondents issued the impugned Circulars for conducting transfer counselling and the grievance of the petitioners is that because of the transfer counselling of the private respondents, the petitioners will not be able to get placements inside the department in Chennai.

4.The learned counsel appearing for the petitioners further 4/7

submitted that this Court on 03.02.2026 directed the respondents to find out as to whether the petitioners can be accommodated in Chennai, pursuant to which, the Director of Medical Education and Research has sent a letter dated 03.02.2026 to the Government Pleader, wherein, it is stated that as on date the petitioners are working as Senior Assistant Surgeon, Government Modern Dispensary, Teynampet, Chennai; Assistant Resident Medical Officer, Government Stanley Hospital, Chennai; and Casualty Medical Officer, Kilpauk Medical College, Chennai, respectively, and that they have not been transferred out elsewhere. Hence, this Court may without going into the merits of the case, close these writ petitions by granting liberty to the petitioners to challenge the transfer order, if any, given to the petitioners in future, transferring the petitioners outside Chennai. 5.The learned Government Advocate submitted that the petitioners are already working Chennai City Institutions and they have not been transferred out elsewhere.

6.In view of the submissions made on either side, these writ petitions are disposed of with liberty to the petitioners to challenge the transfer order, if any, given to the petitioners in future, transferring 5/7

the petitioners outside Chennai, in the manner known to law. No costs. Consequently, the connected miscellaneous petitions are closed.

04.02.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 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, Chennai - 600 010.

3 The Director, Directorate of Medical and Rural Health Services, DMS Compound, Teynampet, Chennai - 600 018.

6/7

M.DHANDAPANI,J.

pri W.P.Nos.2178, 3197 and And W.M.P.Nos.2373, 2374, 3611, 3612, 3627 and 3629 of 2026 04.02.2026 7/7