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Madras High CourtWP/49120/2025disposed of with direction

Mariammal v. The Principal Secretary

2025-12-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.54877 & 54879 of 2025 Mariammal

...Petitioner

Vs.

1.The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 09.

2.The Director, Medical and Rural Health Services, D.M.S.Campus, Tynampet, Chennai - 600 006.

3.The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

4.The Dean/Principal, The Government Medical College Hospital, Thoothukudi, Thoothukudi District.

...Respondents

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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in connection with the proceedings in Ref No.90288/N1/2025 dated 21.11.2025, of 3rd respondent, in so far as the petitioner is concerned and quash the same and to direct the respondents herein to consider the petitioner representation dated 26.11.2025 and to transfer the petitioner from the Government Medical College Hospital, Thanjavur to the Government Medical College Hospital at Thoothukudi or Thoothukudi Government Hospital or any one Government Hospital or any one Urban Primary Health Centres at Thoothukudi District which is nearest to petitioner native place.

For Petitioner : Mr.R.K.Gandhi For respondents : Mr.K.Tippusulthan, Government Advocate

ORDER

This writ petition is filed to call for the records in connection with the proceedings in Ref No.90288/N1/2025 dated 21.11.2025, of 3rd respondent, in so far as the petitioner is concerned and quash the same and to direct the respondents herein to consider the petitioner representation dated 26.11.2025 and to transfer the petitioner from the Government Medical College Hospital, Thanjavur to the Government Medical College Hospital at Thoothukudi or Thoothukudi Government Hospital or any one Government 2/6

Hospital or any one Urban Primary Health Centres at Thoothukudi District which is nearest to petitioner native place.

2. By consent of both the parties, this writ is taken up for final hearing at the stage of admission itself.

3. The case of the petitioner is that the petitioner was appointed as Staff Nurse at the Government Medical College Hospital, Thanjavur and her husband is working in Indian Army. They were blessed with two daughters. The petitioner's elder daughter is a special child with a physical disability of 60%. Therefore, the petitioner was deputed to work at Government Medical College Hospital, Thoothukudi for taking care of her child, who is taking treatment at Government Hospital, Thiruvananthapuram. Under these circumstances, the third respondent vide order dated 21.11.2025, cancelled the petitioner's diversion/deputation posting and directed her to report back to the parent department i.e., Government Medical College Hospital, Thanjavur. Challenging the said order dated 21.11.2025 passed by the third respondent, the petitioner has come forward with the present writ petition. 3/6

4. Learned counsel for the petitioner would submit that taking into consideration of the medical condition of petitioner's daughter, this Court may permit the petitioner to file an undertaking affidavit before the third respondent that she will work in deputation/diversion posting at the Government Medical College Hospital, Thoothukudi, till the end of May 2026 (31.05.2026) and thereafter she will certainly join in the parent department i.e., Government Medical College Hospital, Thanjavur on 01.06.2026.

5. Learned Government Advocate appearing for the respondents would submit that in the event, an undertaking affidavit is filed by the petitioner before the third respondent, the same will be considered and appropriate order will be passed.

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

7. In view of the above submission made by the learned counsel for the petitioner, this Court issues the following directions: 4/6

(i) The petitioner is directed to file an undertaking affidavit before the third respondent, as expeditiously as possible. (ii) On such receipt, the third respondent is directed not to transfer the petitioner from the Government Medical College Hospital, Thoothukudi to the parent department i.e., Government Medical College Hospital, Thanjavur, till 31.05.2026.

(iii) After the expiry of the aforesaid period i.e., 31.05.2026, the petitioner is directed to join duty at the Government Medical College Hospital, Thanjavur on 01.06.2026, without fail.

8. With the aforesaid direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed. 19.12.2025 vm Index : Yes/No Speaking order : Yes/No NCC : Yes/No 5/6

M.DHANDAPANI, J.

vm To:

1.The Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 09.

2.The Director, Medical and Rural Health Services, D.M.S.Campus, Tynampet, Chennai - 600 006.

3.The Director, Director of Medical Education, Poonamallee High Road, Kilpauk, Chennai - 10.

4.The Dean/Principal, The Government Medical College Hospital, Thoothukudi, Thoothukudi District.

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