Mrs. M.Periyanayaki, v. Mrs. Shanmugakani, Md., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2025

CORAM

THE HONOURABLE Mr. JUSTICE C.V.KARTHIKEYAN Mrs.M.Periyanayaki ... Petitioner Vs.

1.Mrs.Shanmugakani, MD., The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai 600 006.

2.Mrs.Dr.Santhi Malar, MD., Director of Medical Education, Poonthamallee High Road, Kilpauck, Chennai - 10.

... Respondents PRAYER: Contempt Petition filed under Sections 11 & 12 of the Contempt of Courts Act to punish the respondents herein for willfully disobeying and violating the order dated 27.03.2025 passed in W.P.No.8759 of 2025.

For Petitioner : Mr. R.K.Gandhi For Respondents : Mr. E.Sundaran Government Advocate

O R D E R

This Court had passed the following order in the writ petition:- "6.

Instructions very clearly state that there are no vacancies available. The request of the petitioner cannot be granted or a mandamus cannot be issued. The petitioner is now working as Staff Nursing. If there is promotion to the post of Nursing Superintendent, Grade-II on seniority and merit, then it had been stated that her request would be considered, which fact is also asserted by the Additional Government Pleader."

2.

On instructions, the Director of Medical and Rural Health Services had stated by communication dated 23.07.2025 as follows:- "Further it is submitted that, the Hon'ble Court have issued directions to consider the request of the petitioner. However, during the counselling the last vacancy in Tirunelveli district have been opted by the candidate appointed on 01.07.2009 i.e. 8 years senior to the petitioner and hence considering the request of the

petitioner in favour would cause injustice to the senior candidates (appointed from 01.07.2009 to 27.11.2017) who have applied for the counselling through proper channel and waiting for the placement against the vacancies in Tirunelveli district."

3.

It is thus seen that as on date there are senior candidates than the petitioner herein and only according to seniority the transfers could be effected .

4.

Hence, this contempt petition stands closed. No costs. 25.07.2025 Index :Yes/No Maya

C.V.KARTHIKEYAN, J.

Maya To 1.Mrs.Shanmugakani, MD., The Director, Medical and Rural Health Services, D.M.S. Campus, Teynampet, Chennai 600 006.

2.Mrs.Dr.Santhi Malar, MD., Director of Medical Education, Poonthamallee High Road, Kilpauck, Chennai - 10.

Dated : 25.07.2025