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Madras High CourtWP/1960/2026disposed of with direction

S.Srinivasan v. The State Of Tamil Nadu

2026-01-29Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and W.M.P No.2049 of 2026

1. S.Srinivasan S/o.P.Subramanian, No.F6, C Block, Green Homes, Phase 2, Karunanidhi Street, Vengaivasal Main Road, Santhoshapuram, Chennai-600 073.

2. A.Thanaraj S/o.Arumugam, No.1, City Limit Road, Secretariat Colony, Adambakkam, Chennai-600 088

3. N.Anantha Padmanabhan S/o.T.K.Narayana Sharma, No.34, Main Road, Podanur, Coimbatore District-641 023

4. N.Periasamy Pandian S/o.P.Nadarajan, No.3A, Mahadevan Apartment, T.T.K. Road, Alwarpet, Chennai-600 018

5. S.Dorai Kannan S/o.S.K.Sundaram,

No.1/4, Tyagi Kumaran Street, Attayampatti Via, S.Paparapatti Post, Salem District-637 501.

6. S.Gowri W/o.P.Nallathambi, 3/64, Mariamman Koil Street, Karipatty Village and post, Vazhapadi Taluk, Salem District-636 106.

7. N.S.Chakradhar S/o.N.Sathyanarayana Charyulu, No.1/162, Chinna Bajaar,Opp to Primary Hospital, Sangam Jagarlamudi, Tenali Taluk Guntur District-522 213.

..Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by its Secretary to the Government, Health and Family Welfare Department, Fort St. George, Cehnnai-600 009.

2. The Additional chief Secretary / Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600 106.

..Respondent(s) PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to regularize the petitioners service with effect from the date of their initial appointment in the post of Assistant Medical Officer in terms of G.O. Ms. No.442 dated 12.09.1997, G.O. Ms. No.245 dated 04.06.1998 issued by the 1st respondent on par with the other employees in terms of G.O.Ms.(4D) No.08 dated 07.08.2025 issued by the 1st respondent consequent to the order dated

27.03.2024 made in W.P. No.4704 of 2018 on the file of this Honourable High Court, Madras and consequently direct the respondents to re-fix the pay of the petitioners from the date of their initial temporary appointment and pay all consequential monetary benefits including arrears of salary, pension, and other terminal benefits For Petitioner(s):

Mr. G.Ethirajulu For Respondent(s):

Mr. K. Tippu Sulthan Government Advocate

ORDER

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

2.This writ petition has been filed seeking a direction to the respondents to regularize the petitioners' service with effect from the date of their initial appointment in the post of Assistant Medical Officer in terms of G.O. Ms. No.442 dated 12.09.1997, G.O. Ms. No.245 dated 04.06.1998 issued by the 1st respondent on par with the other employees in terms of G.O.Ms.(4D) No.08 dated 07.08.2025 issued by the 1st respondent consequent to the order dated 27.03.2024 made in W.P. No.4704 of 2018 on the file of this Honourable High Court, Madras and consequently, direct the respondents to re-fix the pay of the petitioners from the date of their initial temporary appointment and pay all consequential monetary benefits including arrears of salary, pension, and other terminal benefits.

3.The case of the petitioners is that they are retired Assistant Medical officers (Siddha) of the Indian Medicine and Homeopathy Department, Government of Tamil Nadu, who were appointed during the years 1981-1982 through the Professional and Executive Employment Exchange pursuant to various Government Orders. They rendered long and unblemished service, mostly in rural and remote areas, after complying with all statutory requirements including passing the Medical Code Test and Accounts Test for Executive Officers. Though the petitioners were initially appointed on a temporary basis, they were later subjected to an Oral Test conducted by the Tamil Nadu Public Service Commission (TNPSC) during 1984-1985. Despite being declared successful, their services were regularised only with effect from 03.03.1984 by G.O.Ms No.118 dated 07.10.

1987, instead of from the respective dates of their initial temporary appointments during 1981-1982. Consequently, their seniority was also wrongly fixed from 03.03.1984. Similarly placed Assistant Medical Officers, including those who were junior to the petitioners and even those who had not qualified through the TNPSC Oral Test, approached the Tamil Nadu Administrative Tribunal and the High Court of Madras. In several cases, including O.A No.707 of 1991 and connected matters, the Tribunal and this Court directed regularisation from the date of initial temporary appointment.

G.O.Ms. No.442 dated 12.09.1997 and subsequent orders granting such benefit to several Assistant Medical Officers.

3.1. Further, the Hon'ble High Court of Madras, by orders dated 27.04.2009, 23.02.2011 and 27.03.2024 in various writ petitions, directed the Government to regularise services of similarly placed Siddha Doctors from the date of their initial appointment with all consequential benefits. Pursuant thereto, the Government issued G.O.(D) No.1674 dated 31.12.2015 and G.O.Ms.(4D) No.08 dated 07.08.2025 extending the said benefit to certain individuals. Despite repeated representations made by the petitioners from 2009 onwards, including the latest representation dated 01.12.2025 seeking parity in terms of the aforesaid judgments and Government Orders, the respondents have neither considered nor disposed of the same.

The inaction of the respondents has resulted in grave discrimination, denial of seniority, promotional avenues and consequential pensionary benefits to the petitioners. Hence, the present writ petition has been filed. 4.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondents to consider the petitioners' representation dated 01.12.2025, within a reasonable time to be fixed by this Court.

5.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, directs the respondents to consider the petitioners' representation dated 01.12.2025 , and to pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29-01-2026 Index: Yes/No (2/2) Speaking/Non-speaking order Uma

To

1. The Secretary to the Government, Health and Family Welfare Department, Fort St. George, Cehnnai-600 009.

2. The Additional Chief Secretary / Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai-600106.

M.DHANDAPANI, J.

Uma WP No. 1960 of 2026 and WMP No.2049 of 2026 (2/2) 29-01-2026