D.Mariammal v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI W.P. No. 19409 of 2026 and W.M.P.Nos. 20691 and 20692 of 2026
1. D.Mariammal Staff Nurses, (On Diversion Duty), Government Medical College Hospital, Thoothukudi and District.
2. M.Baby Mariammal, Staff Nurses, (On Diversion Duty), Government Medical College Hospital, Thoothukudi and District.
..Petitioners Vs
1. The Secretary, Health and Family Welfare Department, Fort St.George, Chennai - 600 009.
2. The Director, Directorate of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 600010.
3. The Director, Medical and Rural Health Services, D.M.S.Campus, Teynampet, Chennai - 600006.
4. The Dean, Rajiv Gandhi Medical College and Hospital, Chennai.
5. The Dean, Thanjavur and District.
6. The Dean, Thoothukudi District.
..Respondent(s) Writ Petition filed under Article 226 of Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records in respect of Ref.No.001947/N1/2026 on 12.01.2026 impugned order issued by the second respondent, quash the same and direct the second respondent not to relieve or remove the petitioners from their present stations of Government Medical College Hospital, Thoothukudi District on Diversion duty. For Petitioners :
Mr.R.Suryakumaran For Respondent(s):
Mr.M.Murali Government Advocate
ORDER
Challenging the impugned Orders dated 12.01.2026 directing the petitioners to get relieved from the Government Thoothukudi Medical College Hospital, Thoothukudi and take charge at Thanjavur Medical College Hospital, Thanjavur and Rajiv Gandhi Government General Hospital, Chennai respectively, this Writ Petition has been filed.
2. This Writ Petition is being disposed of at the stage of admission itself with the consent of the learned counsel for the Petitioners and the learned Government Advocate appearing for the respondents.
3. The learned counsel appearing for the petitioners submitted that the first petitioner is a Staff Nurse at Government Thanjavur Medical College Hospital, Thanjavur. At present, she is working on diversion at Government Thoothukudi Medical College Hospital, Thoothukudi, from 19.02.2020. She is having a differently-abled child and if she is disturbed from the present station, her personal life would be at peril and she would have to face difficulties in taking care of the differently-abled child. He further submitted that the second petitioner is a Staff Nurse at Rajiv Gandhi Government General Hospital, Chennai. At present, she is working on diversion at Government Thoothukudi Medical College Hospital, Thoothukudi from 06.09.2017.
She is having two children studying at Thoothukudi and if she is disturbed from the present station, her personal life would be at peril and she would also have to face difficulties in taking care of the school going children. The learned counsel for the petitioners further submitted that several other persons are allowed to continue in the same District. In this regard, the petitioners have given several representations seeking permission to continue in the Thoothukudi District. However, the same has not been considered and the impugned order came to be passed.
4. Considering the fact that both the petitioners have differently-abled child and the school going children, the second respondent is directed to consider the petitioners' representation and pass appropriate orders on merits
and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. In the meanwhile, the impugned deputation/diversion orders dated 12.01.2026 shall be kept in abeyance.
5. With the above direction, this writ petition is disposed of. Consequently, the connected miscellaneous petitions are closed. There shall be no order as to costs.
13-05-2026 Index: Yes/No Speaking/Non-speaking order SRM
To
1. The Secretary, Health and Family Welfare Department, Fort St. George, Chennai - 600 009.
2. The Director, Directorate of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 600010.
3. The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai - 600006.
4. The Dean, Rajiv Gandhi Medical College and Hospital, Chennai.
5. The Dean, Thanjavur and District.
6. The Dean, Thoothukudi District.
L.VICTORIA GOWRI, J.
SRM 13-05-2026