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Madras High CourtWP/49469/2025disposed of with direction

K.Rajeswari v. The Government Of Tamilnadu

2025-12-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI K.Rajeswari Petitioner(s) Vs

1. The Government of Tamilnadu Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St George, Chennai 600009.

2.The Directorate of Medical and Rural Health Services Rep. by its Director, DMS Campus, Anna Salai, Teynampet, Chennai 600008.

3.The Directorate of Medical Education And Research Rep. by its Director, EVR High Road, Kilpauk, Chennai 600010.

4.The Dean Government Mohan Kumaramangalam Medical College Hospital, Salem District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the third and fourth respondents to relieve the petitioner from the fourth respondent hospital pursuant to the order bearing Ref.No.10297/ESI/E2/2/2025 dated 28.07.2025 passed by the second respondent Directorate and to transfer the petitioner's service to the ESI Hospital, Salem, within a stipulated period as fixed by this Court.

For Petitioner(s):

M/s.K.Rajeshwaran For Respondents:

Mr.K.Tippusulthan, Government Advocate

ORDER

Mr.K.Tippusulthan, learned Government Advocate takes notice on behalf of the respondents.

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

3.This writ petition has been filed directing the third and fourth respondents to relieve the petitioner from the fourth respondent hospital pursuant to the order bearing Ref.No.10297/ESI/E2/2/2025 dated 28.07.2025 passed by the second respondent Directorate and to transfer the petitioner's service to the ESI Hospital, Salem, within a stipulated period as fixed by this Court.

4.The case of the petitioner is that she completed her Diploma in General Nursing and Midwifery Course at School of Nursing, Government Mohan Kumaramangalam Medical College and Hospital, in 2005, and was registered with the Tamil Nadu Nursing and Midwives Council on 27.12.2007. She was

appointed as Staff Nurse on a contract basis at the Government Primary Health Centre, Vaiyampatti, Trichy on 06.12.2007. Thereafter, her service was regularised by the 2nd respondent on 09.11.2012, and she was appointed as Staff Nurse at Government Headquarters Hospital, Kumbakonam, Thanjavur District and thereafter, she was transferred to Government Hospital, Cuddalore. Later, she was transferred to the Government Mohan Kumarmangalam Medical College and Hospital, Salem District on 21.04.2018. From the date of her appointment, the petitioner has been rendering her duty with utmost sincerity and dedication, without any adverse remarks. Whileso, she made a request for Diversion from Government Mohan Kumaramangalam Medical College and Hospital, Salem District to ESI Hospital, Salem. Her request was duly considered, and a diversion order was issued by the 2nd respondent on 26.07.2025. However, the respondents 3 and 4 have not relieved her from her existing place of work, for the reasons best known to them. Hence the present writ petition has been filed.

5.The learned counsel appearing for the petitioner would submit that this Court may permit the petitioner to make a representation to the 3rd respondent, within a reasonable time to be fixed by this Court.

6.Considering the limited request made by the learned counsel for the petitioner, and without expressing any opinion on the merits of the case, this Court permits the petitioner to make a representation to the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the 3rd respondent is directed to consider the petitioner's representation and pass appropriate orders, on merits and in accordance with law, within a period of two weeks, thereafter. 7.With the above directions, this writ petition is disposed of. No costs. 18-12-2025 (2/5) Index:Yes/No Speaking/Non-speaking order Internet:Yes uma

To 1.The Principal Secretary, Health And Family Welfare Department, Secretariat, Fort St George, Chennai 600009.

2.The Director, Directorate of Medical And Rural Health Services DMS Campus, Anna Salai, Teynampet, Chennai 600008.

3.The Director, Directorate of Medical Education And Research EVR High Road, Kilpauk, Chennai 600010.

4.The Dean Government Mohan Kumaramangalam Medical College Hospital, Salem District.

M.DHANDAPANI J.

uma (2/5) 18-12-2025