S.Kalimuthu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2025
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA & WMP No.13024 of 2025 1.S.Kalimuthu 2.D.Karthikadevi 3.M.Pugazhenthi 4.N.Nandhini 5.E.Balan 6.P.Marimuthu 7.R.Thejeshwini 8 .T.Aravind 9.C.Revathi 10.A.Sunilambethkar 11.S.Suguna 12.S.Pramila
13. K.Bharanidharan
14. P.Raman 15.S.Thavasimani 16.S.Savitha 17.A.Vignesh
18. C.Jansi 19.S.Sowmiya 1/11
20. M.Vinnarasi 21.T.Rajasekar 22.T.Diviya 23.C.Chandra 24.R.Ramesh 25.K.N.Sarala 26.B.Vallarasu 27.R.Bhakyalakshmi 28.J.Ameerunnisa 29.S.Subash Chandrabose 30.J.Suganthi 31.A.Anitha 32.M.Muthukumari 33.N.Poochakumar 34.P.Ganapathi 35.M.Arunkumar 36.R.Padmavathy 37.S.Thenmozhi 38.A.Shalini 39.G.Nadhiya 40.S.Anandhi 41.A.Shalini 42.A.S.Jayalakshmi 43.H.Aniz Fathima 44.N.Ajith 45.R.D.Rajajothi 46.S.Abiyouthcho 2/11
47.R.Surya 48.I.Velmurugan 49.V.Jagadeesan 50.K.Poovarasu 51.A.Tahira Banu 52.R.Sabeena 53.J.Esther Philomina 54.K.Sabapathi 55.A.Abdul Rafeeq 56.R.Manivel 57.S.Selvapriya 58.S.Rakesh 59.T.Vengatachalam 60.S.Vignesh 61.G.Vasanthi 62.S.Emilymary 63.R.Jayamurugan 64.S.Vinoliya 65.O.S.Preethi 66.P.Arulmary 67.V.Subash 68.K.Chandrica 69.M.Rajalakshmi 70.S.Anitha 71.A.Arthi 72.K.Kavitha 73.B.Kowsalya 3/11
74.M.Selvaraj 75.D.Alaguchitra 76.M.Surenthiran 77.M.Sivashangari 78.B.Suriya 79.M.Abirami 80.J.Vaitheeswari 81.M.Subalakshmi 82.S.Ranjitha 83.S.Manimaran 84.T.Prakash 85.N.Nalini 86.M.Muniasami 87.V.Sharmila 88.R.Gopalakrishnan 89.S.Meenakshi 90.S.Gowsalya 91.R.Manikandan 92.C.Rajeshwari 93.R.Renugadevi 94.T.Jayalakshmi 95.K.Ramar 96.P.Malaiselvi 97.D.Jenifer 98.M.Malaiammal 99.M.Deepalakshmi 100.N.Nithyasri 4/11
101.B.Santhiya 102.J.Karthika 103.C.Naresh 104.P.Arulkumar 105.R.Rajeshwari 106.R.Subash 107.M.Jerin 108.S.Premkumar 109.R.Poovarasi 110.D.Thamizhhoviyam 111.K.Saranya 112.J.Thendral 113 R.Saranya 114.C.Thangamalai 115.D.Jenifer 116.A.Thilagavathi 117.T.Kanimozhi 118.C.Rajalakshmi 119.V.Jeeva 120.S.Muthumeena 121.B.Durgadevi 122.S.Pattu 123.P.Muthupandeeswari 124.A.Kathiravan 125.P.Suba ... Petitioners Vs.
5/11
1.The Secretary to Government, Health Department (Secretariat), St. George Fort, Chennai -600 009.
2.The Director of Medical Education, Directorate of Medical Education State of Tamil Nadu, No.162 EVR Periyar Salai, Kilpauk Chennai - 600 010.
3.The Director of Medical and Rural Health Services Directorate of Medical and Rural Health Services State of Tamil Nadu, No 258, Second Floor, DMS Complex, Teynampet, Chennai.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioners' representation dated 26.07.2024 for regularising their jobs as 'Dialysis Technician Grade II' and to pass suitable orders within the time frame fixed by this Court.
For Petitioners : Mr.Uma Shankar for Ms.A.M.Amutha Ganesh For Respondents : Mr.M.Bindran, Additional Government pleader
ORDER
Seeking to consider the representation dated 26.07.2024, in which, the petitioners have sought to regularise their job as "Dialysis Technician Grade6/11
II', the present writ petition has been filed.
2. The petitioners were appointed as "Dialysis Technician Grade-II' in the year 2021 by Medical Recruitment Board by virtue of G.O.(Ms) No.(D) 817, Health and Family Welfare (C) Department, dated 14.09.2020 on temporary basis on a consolidated monthly pay of Rs.20,000/- in 26 Government Medical Colleges in the State of Tamil Nadu and they were working continuously without any break. Therefore, the petitioners, seeking to regularise their appointment, sent a detailed representation dated 26.07.2024 and the same is pending consideration and hence, the petitioners have approached this Court by way of present writ petition.
3. The respondent had filed a detailed counter affidavit. Paragraph 8 of the counter reads as under:
"It is submitted that the Government, in G.O.(Ms) No.248, Finance (CMPC) Department, dated 20.05.2020 and in subsequent amendment dated 24.10.2020, have directed that "there shall be a total ban one creation of new post in all departments" which is the policy decision of the Government. In view of the above, to provide uninterrupted health care delivery to the poor people, who are in need of dialysis treatment and the availability of funds in Chief Minister's Comprehensive Health 7/11
Insurance Scheme (CMCHIS), detailed guidelines have been issued in G.O.(Ms) No.219 Health and Family Welfare(EAP-I) Department dated 06.07.2023 to hire and employ dialysis Technician under Chief Minister's Comprehensive Health Insurance Scheme funds based on need and availability of equipment and the instructions has been reiterated in the Government letter dated 06.12.2024. Therefore, As such, there is no dearth of dialysis technicians in the Government Medical Institutions to run the available dialysis equipment in the State. Moreover, whenever there is need of additional manpower, the Deans are empowered to engage additional dialysis technicians using Chief Minister's Comprehensive Health Insurance Scheme funds. The petitioners at the time of their appointment itself knew that they were appointed on contract basis.
In view of ban on creation of new posts which is a policy decision of the Government and the guidelines issued in G.O.(Ms) No.219, Health and Family Welfare (EAP-1) Department dated 06.07.2023 the request of the petitioners to regularise their services in the post of Dialysis Technician is not feasible as per rules in force."
4. Heard both sides and perused the materials available on record.
5. Mr.Bindran, learned Additional Government Pleader appearing for 8/11
the respondents, taking this Court to paragraph 8 of the counter, would submit that the Government, vide G.O.(Ms) No.248, Finance (CMPC) Department, dated 20.05.2020 and the subsequent amendment dated 24.10.2020, had banned the creation of new post in all the departments in view of the policy decision of the Government and therefore, the request of the petitioners to regularise their services in the post of 'Dialysis Technician' is not feasible and hence, the representation of the petitioners cannot be considered.
6. Admittedly, the petitioners representation dated 26.07.2024 is pending consideration. The respondents, as statutory authorities, cannot sit over the same without passing any order. However, the respondents have filed a counter.
7.In such view of the matter, without going into the merits of the case, this Court directs the second respondent to consider and pass orders on the said joint representation of the petitioners dated 26.07.2024 on its own merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
9/11
6.The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 22.10.2025 raa To 1.The Secretary to Government, Health Department (Secretariat), St. George Fort, Chennai -600 009.
2.The Director of Medical Education, Directorate of Medical Education State of Tamil Nadu, No.162 EVR Periyar Salai, Kilpauk Chennai - 600 010.
3.The Director of Medical and Rural Health Services Directorate of Medical and Rural Health Services State of Tamil Nadu, No 258, Second Floor, DMS Complex, Teynampet, Chennai.
A.D.JAGADISH CHANDIRA,J.
raa 10/11
22.10.2025 11/11