M.R.Parthiban v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.43729 of 2025 and WMP.Nos.48827 & 48828 of 2025 M.R.Parthiban ....

Petitioner Vs.

1.The Secretary Health And Family Welfare Department, Fort St.George Chennai 09 2.The Director Directorate Of Medical Education Poonamallee High Road, Kilpauk Chennai 600010 3.The Director DMS Campus Teynampet Chennai 600006 4.The Director Medical Education And Research

Kilpauk Chennai 5.The Director Institute Of Mental Health Kilpauk Chennai 6.The Joint Director Periyakulam Theni District 7.The Medical Officer Government Hospital Chinnamanur Theni District.

.... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records in respect of the Ref. No. 19998/ N2/ 2/ 2025 on 28.10.2025 impugned order issued by the 3rd respondent quash the same and direct the 3rd respondent to transfer from Institute of Mental Health Chennai to Government Hospital Chinnamanur, Theni District at present the petitioner is working on Diversion duty.

For Petitioner: Mr.Father Xavior Arulraj, Senior Counsel for Mrs.R.Sujitha For Respondents: Mr.M.Bindran, AGP.

ORDER

This Writ Petition has been filed challenging the order passed by the 3rd respondent dated 28.10.2025 thereby the diversion order issued in respect of the petitioner was cancelled.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was initially appointed as a Staff Nurse on a contract basis and was subsequently regularised in the year 2017. From the year 2018, the petitioner has been on deputation and is serving at the Government Hospital, Chinnamanur, Theni District. While being so, the 3rd respondent cancelled the diversion order issued in respect of the petitioner and directed her to report for duty at her original place of posting, namely, the Institute of Mental Health, Chennai.

4. Mr.Father Xavior Arulraj, learned Senior counsel for the

petitioner submitted that the petitioner's minor son, aged about three years, is suffering from medical ailments and is undergoing treatment at Theni. Hence, the petitioner be permitted to continue at her present place of posting for a further period of six months to enable her to continue her child's treatment.

5. It is seen that the petitioner's deputation/diversion was cancelled in accordance with the minutes of the meeting dated 22.10.2025, convened under the Chairmanship of the Principal Secretary to the Government, Health and Family Welfare Department. A perusal of the minutes reveals that the Director of Medical and Rural Health Services, Director of Medical Education and Research, and Director of Public Health and Preventive Medicine were directed to identify all Staff Nurses who have been on diversion/deputation for more than four years (i.e., prior to May 2021) and to cancel their diversion/deputation orders immediately. Further, the petitioner can continue the treatment of her three-year-old child more effectively in Chennai than in Theni, as the medical facilities in Chennai are more advanced compared to those in Theni.

6. In view of the above, this Court finds no irregularity or illegality in the impugned order passed by the 3rd respondent dated 28.10.2025.

7. Therefore, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 12.11.2025 shr Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Secretary Health And Family Welfare Department, Fort St.George Chennai 09 2.The Director Directorate Of Medical Education Poonamallee High Road, Kilpauk Chennai 600010 3.The Director

DMS Campus Teynampet Chennai 600006 4.The Director Medical Education And Research Kilpauk Chennai 5.The Director Institute Of Mental Health Kilpauk Chennai 6.The Joint Director Periyakulam Theni District 7.The Medical Officer Government Hospital Chinnamanur Theni District

G.K.ILANTHIRAIYAN, J.

shr W.P.No.43729 of 2025 and WMP.Nos.48827 & 48828 of 2025

12.11.2025