S.Malathi v. The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2025
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and WMP No.37960 of 2024 S.Malathi : Petitioner Vs.
1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.
2.The Director, Medical and Rural Health Services, Chennai-600 006.
3.The Joint Director of Health Services, Mayiladuthurai District, Formerly Nagapattinam District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the records in Na.Ka.No.3453/N2/2021 dated 08.10.2024 and quash the same and direct the third respondent to regularize the service of the petitioner with all consequential and monetary benefits from the date of her appointment and pass orders. For Petitioner : Mr.T.T.Nishanth 1/6
For Respondents : Mr.M.Bindran Additional Government Pleader
ORDER
The present writ petition is filed challenging the proceedings in Na.Ka.No.3453/N2/2021 dated 08.10.2024 and direct the third respondent to regularize the service of the petitioner with all consequential and monetary benefits from the date of her appointment.
2. The learned counsel for the petitioner would submit that similarly placed persons viz. Sumathi, Ravichandran, Veerasundaram and S.Ponnivalavan have filed writ petitions in W.P.Nos.18846, 18847, 18848 and 18849 of 2018 respectively. The learned Single Judge, by orders dated 19.03.2024, allowed the said writ petitions on the ground that impugned orders have been passed without following the principles of natural justice and set aside the impugned orders and directed the respondents to regularize the services of the petitioners therein with all consequential and monetary benefits from the date of their appointment. He would further submit that challenging the orders passed in W.P.Nos.18848 and 18849 of 2025, the respondent department had filed W.A.Nos.2689 and 2842 of 2025 2/6
respectively and the same were dismissed by orders dated 11.09.2025 and 06.10.2025, confirming the orders of the learned Single Judge. He would further submit that petitioner herein is also similarly placed and she has put in continuous service of 23 years. Therefore, he seeks to set aside the impugned order and allow the writ petition.
3. The learned Additional Government Pleader would submit that in respect of the similarly placed petitioners, learned Single Judge has quashed the order of termination. However, he would object for regularizing the service of the petitioner.
4. Heard the learned counsel on either side and perused the materials available on record.
5. Since this court in W.P.Nos.18846, 18847, 18848 and 18849 of 2018 dated 19.03.2024, had issued a direction to regularize the services of similarly placed persons and had set aside the impugned orders in those writ petitions and two of such orders have also been upheld by a Division Bench of this Court, this court is inclined to pass similar order in this writ petition also. 3/6
6. In view thereof, the writ petition stands allowed with the following directions:
i) The order passed by the third respondent in Na.Ka.No.3453/N2/2021 dated 08.10.2024 is hereby quashed.
ii) The respondents are directed to regularise the service of the petitioner with consequential and monetary benefits from the date of her appointment, within a period of twelve weeks from the date of receipt of a copy of this order.
7. There will be no order as to costs. Consequently, connected miscellaneous petition is closed.
15.10.2025 Speaking (or) Non Speaking Order mrn To 1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Chennai-600 009.
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2.The Director, Medical and Rural Health Services, Chennai-600 006.
3.The Joint Director of Health Services, Mayiladuthurai District, Formerly Nagapattinam District.
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A.D.JAGADISH CHANDIRA , J.
(mrn) 15.10.2025 6/6