R.Senthivadivu v. The Director Of Medical And
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA R.Senthivadivu D/o.Ramakrishnan, Selection grade Nurse, Government General Hospital, Cuddalore-1 ..Petitioner(s) Vs
1. The Director of Medical and Rural Health Services, Chennai-600 006
2. The Joint Director of Health Service Head Quarters Government Hospital Government Hospital, Cuddalore-607 106 ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the respondents to pass appropriate orders on the representation letter dated 11.11.2021 within the time frame to be fixed by this Honourable Court For Petitioner(s):
S.C.Vishwanth M.K.Adhmapriyadharisini For Respondent(s):
Mr.M.Bindran, AGP
Order (1) The present writ petition is filed seeking a mandamus, to direct the respondents to consider and pass appropriate orders on the petitioner's representation dated 11.11.2021, within the time frame to be fixed by this Court.
(2) Mr.M.Bindran, learned Additional Government Pleader accepts notice on behalf of the respondents. With the consent of the learned counsels on either side, the writ petition is disposed of at the admission stage itself. (3) The case of the petitioner is that she was appointed as a Staff Nurse along with 208 Nurses vide orders of the Government dated 22.01.2003, in the Tamil Nadu Medical Subordinate Services, on contract basis and she joined the service on 06.02.2003. It is the petitioner's case that though she was initially appointed on contract basis, she was absorbed as Full Time Nurse on 28.11.2005. However, she was included in the New Contributory Pension Scheme, though she claimed to have joined the service on 06.02.2003. In this regard, the petitioner sent a representation to the respondents on 11.11.2021, seeking inclusion of her name in the Old Pension Scheme and since the said representation is yet to be considered, the petitioner is before this Court by filing the present writ petition for the aforesaid relief.
(4) Heard both sides and perused the materials on record.
(5) It is seen that the petitioner has sent the representation on 11.11.2021 and has approached this Court after five years, seeking a direction for considering her representation. No plausible explanation is offered by the petitioner for such inordinate delay in approaching the Court. (6) Hence, this Court is of the view that the writ petition lacks merit and accordingly, the same is dismissed, however granting liberty to the petitioner to submit a fresh representation to the respondents and on such representation being submitted, the same shall be considered by the respondents on merits and in accordance with law. No costs. 02-04-2026 Index: Yes/No Speaking/Non-speaking order AP To
1. The Director of Medical and Rural Health Services, Chennai-600 006
2. The Joint Director of Health Service Head Quarters Government Hospital Government Hospital, Cuddalore-607 106
P.T.ASHA J.
AP 02-04-2026