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Madras High CourtWP(MD)/10161/2026disposed of

Gracy M v. The Director

2026-04-10Honourable Mr.Justice Mummineni Sudheer Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR M.Gracy ... Petitioner Vs.

The Director, O/o.the Director of Pubic Health and Preventive Medicine, Tenampet, Chennai-6.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 26.03.2026 to transfer her from Bogalur Primary Health Centre, Ramanathapuram District to the vacant post at Kosavapatti Primary Health Centre, Dindigul District within the period that may be stipulated by this Court.

For Petitioner :

Mr.B.Senthilkumar For Respondent :

Mr.S.Shaji Bino Special Government Pleader

O R D E R

Mr.S.Shaji Bino, learned Special Government Pleader takes notice for the respondent.

2. With the consent of both sides, this writ petition is disposed of at the admission stage.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondent.

4. This writ petition has been filed seeking issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 26.03.2026 to transfer her from Bogalur Primary Health Centre, Ramanathapuram District to the vacant post at Kosavapatti Primary Health Centre, Dindigul District.

5. The petitioner herein, who is working as a Community Health Nurse at Bogalur Primary Health Centre, Paramakudi HUD, Ramanathapuram District, was posted at the present place of work on promotion on 10.03.2026 and joined the said post. The petitioner claims to have submitted a representation dated 26.03.2026 to the respondent, bringing to notice the difficulties in working at the present place due to the health condition of her husband. She also submitted that a vacancy is likely to arise at Kosavapatti Primary Health Centre, Dindigul District, pursuant to the superannuation of the incumbent employee on 30.04.2026. Hence, the petitioner requested a transfer to the said post. Seeking consideration of the said representation, the petitioner has approached this Court by filing the present writ petition.

6. Mr. Shaji Bino, learned Special Government Pleader appearing for the respondent, submitted that there is no vacancy at Kosavapatti as of today, therefore, the petitioner's representation cannot be considered. Hence, the question of considering the representation does not arise.

7. This Court, having taken note of the submissions on either side, is of the considered view that, since the vacancy is likely to arise on 30.4.2026 upon the retirement of the person holding the post of Community Health Nurse at Kosavapatti Primary Health Centre, it would be appropriate to direct the respondent to consider the representation of the petitioner for transfer to the said post at Kosavapatti Primary Health Centre, in the light of the difficulties expressed by the petitioner in her representation dated 26.03.2026, once the vacancy arises at Kosavapatti Primary Health Centre.

8. Accordingly, the writ petition is disposed of with a direction to the respondent to consider the petitioner's representation dated 26.03.2026 for her transfer to the Kosavapatti Primary Health Centre, Dindigul District and to pass orders on merits and in accordance with law, as expeditiously as possible, on or before 31.07.2026. No costs.

10.04.2026 Index :

Yes / No am

To The Director, O/o.the Director of Pubic Health and Preventive Medicine, Tenampet, Chennai-6.

MUMMINENI SUDHEER KUMAR, J.

am 10.04.2026