S.Mahalakshmi v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2026
CORAM:
THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P.No.
28088 of 202 a n d W.M.P.Nos.31505, 31506 and 31509 of 2025
1. S. Mahalakshmi
2. B. Saranya
3. Jayamathy
4. K. Chandraleka
5. Sarala.E
6. K. Jeyasri
7. A.Kanaga
8. V. Bharathkumar
9. K. Pravina
10. S. Deepa
11. S. Govindammal
12. P. Bhavani
13. Sumathi.J
14. A. Anantha Sibin
15. Gayathri.N
16. M. Geetha
17. P. Sathyabama
18. S. Sowmiya
19. D. Malathi
20. M. Thamilarasi
21. A. Rajeswari
22. G. Ezhilarasi
23. A. Nagalakshmi
24. M. Akila
25. S. Sathiyabama
26. S. Kanaga
27. G. Sheelarani
28. P. Vinnarasi 1/10
29. S. Rajakumari
30. S. Mohanapriya
31. A. Anandhi
32. M. Vidhya
33. L. Sathyapriya
34. R. Akila
35. R. Kavitha
36. Sasikala.S
37. R. Kalaiselvi
38. S. Subha
39. N. Divya
40. K. Nagalakshmi
41. M. Nandhini
42. T. Karthika Devi
43. S. Venkateswari
44. N. Revathiammal
45. M. Marilakshmi
46. G. Sandhanasudha
47. V.Susilavarathalakshmi
48. R. Mahalakshmi
49. Subashri.R
50. Gokulapriya
51. B. Yamuna
52. P. Jency
53. P. Gayathri
54. A. Helen
55. Shanmugathai.M
56. P. Vidhyalakshmi
57. A. Ahila
58. V. Poovarasi
59. G. Jeya Sangeetha
60. S. Rangammal
61. B. Sathiyabama
62. N.Y.Meena
63. S. Umamaheshwari
64. M. Susmitha
65. S. Mahalakshmi
66. P. Poovammal
67. M. Mageswari
68. R. Varalakshmi
69. M. Rajammal ...
Petitioners 2/10
Vs
1. The Principal Secretary to Government Health and Family Welfare Department Fort St. George Chennai 600 009.
2. The Director Medical and Rural Health Services Office of the Director of Medical and Rural Health Services DMS Building, Anna Salai, Teynampet Chennai 600 006.
3. The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Building Anna Salai, Teynampet Chennai 600 006.
4. The Director of Public Health DMS Building, Anna Salai Teynampet Chennai 600 006.
5. The Director of Medical Education 162 Periyar E.V.R.High Road Kilpauk, Chennai 600 010.
6. The Mission Director National Health Mission - TN No.359 Anna Salai DMS Annex Building, Teynampet Chennai 600 006.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus to call for the records from the sixth respondent relating to the communication dated 3/7/2025 bearing 3/10
Reference:RC No.3163234-HSS-HROHRMI/3/2025 and quash the same as illegal, arbitrary, discriminatory, without jurisdiction and consequently direct the respondents 1 to 6 to appoint the petitioners to the post of Nurses in Government Hospitals/Health care Institutions in Tamil Nadu and issue necessary posting orders within the time frame fixed by this Court and absorb the petitioners on permanent basis together with monetary, service and other attendant benefits.
For Petitioners : Mr.N.G.R. Prasad for M/s.Row and Reddy For Respondents : Ms.M.Sneha Special Counsel
ORDER
This writ petition has been filed to call for the records from the 6th respondent relating to the communication dated 03.07.2025 bearing Reference:RC No.3163234-HSS-HROHRMI/3/2025 and quash the same as illegal, arbitrary, discriminatory, without jurisdiction and consequently direct the respondents 1 to 6 to appoint the petitioners to the post of Nurses in Government Hospitals/Health care Institutions in Tamil Nadu and issue necessary posting orders within the time frame to be fixed by this Court and 4/10
absorb the petitioners on permanent basis together with monetary, service and other attendant benefits.
2. It is stated that the petitioners had completed Diploma / Degree courses in Nursing and, by virtue of their qualification, they were appointed as Staff Nurses during the COVID-19 pandemic period pursuant to the recruitment process initiated by the 3rd respondent at the instance of the respondents 1 and 2.
3. Initially, appointment and posting orders were issued to a few candidates and subsequently, considering the requirement during the pandemic, the petitioners and several others were also engaged as Staff Nurses. In total, about 818 and 2366 nurses across the State of Tamil Nadu were appointed during the said period. Subsequently, the services of the nurses were disengaged in batches. In specific, it is stated that by proceedings dated 30.03.2022 bearing Ref.No.5719/N1/2/2020, about 818 nurses were terminated with effect from 31.03.2022 and thereafter, by G.O.(D) No.1412 dated 30.12.2022, the services of 2366 nurses were terminated. Challenging the termination orders, several nurses including those who were appointed along with the petitioners approached this Court by filing a batch of writ petitions viz., W.P. Nos.2424 of 2023 etc. This Court, by order dated 12.07.2023, allowed the said writ petitions 5/10
by setting aside the termination orders and directed the respondents to absorb the nurses who had worked during the COVID pandemic period. Thereafter, the respondent therein / Government preferred an appeal viz., W.A. No.2856 of 2023 and on the other hand, the petitioners herein filed several writ petitions viz., W.P. No.5447 of 2024 etc., batch.
4. The said writ appeal along with connected writ petitions viz., W.P. No.5447 of 2024 etc., batch were taken up together and the Hon'ble Division Bench, vide order dated 12.07.2023, directed the respondents therein to conduct counselling for absorption of the nurses who had worked during the COVID pandemic period, based on the date of termination and upon verification of the COVID working certificate.
5. It is stated that though counselling was conducted pursuant to the directions issued by the Hon'ble Division Bench, the petitioners could not participate in the counselling as the communication regarding counselling did not reach them since they were not residing in the addresses available in the records. Consequently, their candidature was not considered for absorption and thereby the impugned order dated 03.07.2025 was issued by the 6th respondent. Challenging the said order, this writ petition has been filed. 6/10
6. Learned counsel for the petitioners submitted that the 6th respondent vide impugned communication dated 03.07.2025 decided to appoint Nurses on contract basis through District Health Societies and submitted that the respondents appointed 104 Nurses out of 818 Nurses so far, and not appointing the petitioners which shows clear discrimination. However, he submitted that the petitioners seek permission of this Court to submit fresh representations along with proof of residence and COVID period working certificates so that their claims may be considered in the light of the orders already passed by this Court.
7. Per contra, the learned Special Counsel appearing for the respondents submitted that in obedience to the directions issued by the Hon'ble Division Bench, counselling was conducted for the eligible candidates. However, she submitted that the respondents have stated their no objection that if this Court issues direction to the petitioner to submit fresh representations along with the necessary documents to consider their case and upon verification, the respondents will pass appropriate orders in accordance with law, within a reasonable time frame.
8. Considering the submissions made by learned counsel on either side and taking note of the fact that this Court had already issued directions for 7/10
absorption of nurses, vide orders, which are referred to supra, who had worked during the COVID pandemic period subject to verification of their credentials, this Court is of the view that the ends of justice would be met if an opportunity is granted to the petitioners to place their claims before the respondents.
9. Accordingly, this Court directs the petitioners to submit individual representations along with proof of residence and COVID period working certificates to the respondents, within a period of one week from the date of receipt of a copy of this order. On receipt of such representations, the respondents shall verify the same in accordance with law and consider the case of the petitioners in the light of the orders passed by this Court and complete the said exercise, within a period of two weeks thereafter.
10. With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 27.02.2026 (2/2) Index:Yes/No Speaking/Non-speaking order vsi2 8/10
To :
1. The Principal Secretary to Government Health and Family Welfare Department Fort St. George Chennai 600 009.
2. The Director Medical and Rural Health Services Office of the Director of Medical and Rural Health Services DMS Building, Anna Salai, Teynampet Chennai 600 006.
3. The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Building Anna Salai, Teynampet Chennai 600 006.
4. The Director of Public Health DMS Building, Anna Salai Teynampet Chennai 600 006.
5. The Director of Medical Education 162 Periyar E.V.R.High Road Kilpauk, Chennai 600 010.
6. The Mission Director National Health Mission - TN No.359 Anna Salai DMS Annex Building, Teynampet Chennai 600 006.
9/10
M. DHANDAPANI, J.
vsi2 W.P.No.
28088 of 202 a n d W.M.P.Nos.31505, 31506 and 31509 of 2025 27.02.2026 (2/2) 10/10