R.Manimegalai v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21145 of 2025 and W.M.P.(MD)Nos.16342 and 16343 of 2025 R.Manimegalai : Petitioner Vs.
1.The Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai-600 009.
2.The Director, Medical and Rural Health Services, DMS Campus, Teynampet, Chennai-600 086.
3.The Deputy Director, O/o.The Deputy Director, Medical and Rural Health Services, Dindigul.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned order vide Ref.No.13028/N2/2/2025 dated 03.07.2025 passed by the 2nd respondent and quash the same and consequently, directing the respondents to transfer the petitioner to any 1/7
one of the following places namely Theni Medical College Hospital or Dindigul Medical College Hospital or Madurai Government Rajaji Hospital or any other vacant place near Periyakulam considering the petitioner health condition on humanitarian ground on the basis of the petitioner representation dated 25.07.2025.
For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.K.Balasubramani Special Government Pleader
ORDER
This writ petition is filed challenging the order dated 03.07.2025 passed by the 2nd respondent and for a consequential direction to the respondents to transfer the petitioner to anyone of the following places namely, Theni Medical College Hospital or Dindigul Medical College Hospital or Madurai Government Rajaji Hospital or any other vacant place near Periyakulam, considering the petitioner's health condition on humanitarian ground on the basis of the petitioner's representation dated 25.07.2025.
2.The petitioner herein was appointed a Staff Nurse on consolidated pay on 25.09.2015 at Government Hospital, Nilakottai in 2/7
Dindigul District. Thereafter, she was transferred and posted in various places, ie., Mannuvanur Primary Health Centre, Kodaikanal in Dindigul District in the year 2017, Government Medical College Hospital, Theni in the year 2018, Government Thiruvarur Medical College Hospital in the year 2019, finally at the Government Hospital, Kodaikanal in the year 2023.
3.The petitioner citing some medical ailments has submitted representations to the respondents seeking transfer to Madurai Rajaji Hospital or Theni Medical College Hospital. The said representation was initially negatived holding that there was no regular vacancy at Government Rajaji Hospital, Madurai and thereafter ended up with a diversion order to work at Head Quarters Hospital, Periyakulam. Thereby, the petitioner was working at Periyakulam from 03.01.2024. While so, the second respondent has cancelled the said diversion order without any reason. Challenging the same, the present Writ Petition is filed.
3/7
4.The learned counsel for the petitioner, on instructions, fairly submits that though her health condition does not permit her to face frigid weather, the petitioner is ready to join at Kodaikanal where she was previously working, as of now. However, he would submit that in the Government Head quarters Hospital, Periyakulam, in the month of September, 2025 two posts are going to be fell vacant due to the promotion of the incumbent and hence, the petitioner shall be permitted to submit a fresh representation seeking transfer from Kodaikanal to Periyakulam in that vacant post.
5.Considering the fair submission made by the petitioner, this Writ Petition is disposed of with the following directions: (i)The petitioner is directed to join in Government Hospital, Kodaikanal forthwith.
(ii)In the event if any post falls vacant at the Government Head Quarters Hospital, Periyakulam, the petitioner is permitted to make a representation to the competent authority for re-transfer from Kodaikanal to Periyakulam.
4/7
(iii)On receipt of such representation, the authority competent is directed to consider the same and pass orders taking note of the health condition of the petitioner.
(iv)The respondents are also at liberty to refer the petitioner to Medical Board to ascertain the health condition of the petitioner. No costs. Consequently, connected miscellaneous petitions are closed. 12.08.2025 Index : Yes / No NCC : Yes / No ta To:- 1.The Secretary to Government, Department of Health and Family Welfare, Fort St.George, Chennai-600 009.
2.The Director, Medical and Rural Health Services, DMS Campus, Teynampet, Chennai-600 086.
3.The Deputy Director, O/o.The Deputy Director, Medical and Rural Health Services, 5/7
Dindigul.
6/7
M.DHANDAPANI, J.
ta W.P.(MD) No.21145 of 2025 21.08.2025 7/7