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Madras High CourtWP(MD)/35309/2025disposed of

S.Premavathi v. State Of Tamil Nadu

2025-12-09Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.35309 of 2025 and WMP(MD) Nos.27995 & 27998 of 2025 S.Premavathi ... Petitioner Vs 1.State of Tamil Nadu, Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The Dean, Government Rajaji Hospital, Madurai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed by the second respondent in his proceedings in Ref.No.90288/N1/2025 dated 21.11.2025 and the consequential order passed by the 3rd 1/6

respondent in his proceedings in Ref.No.21429/E2/2/2025 dated 25.11.2025 and quash the same insofar as the petitioner is concerned and direct the respondents to accommodate the petitioner in the sanctioned vacancy in the third respondent hospital. For Petitioner : Mr.V.Panneer Selvam For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

The petitioner is posted at Government Rajaji Hospital, Madurai, as a staff nurse, on deputation basis, by order, dated 08.12.2014 and since then, she is working at Madurai. While so, the Director of Medical Education, Chennai/the second respondent has passed an order on 21.11.2025, cancelling the deputation order, based on which, the Dean of the Government Rajaji Hospital/the third respondent has passed an order vide, Ref.No.21429/E2/2/2025, dated 25.11.2025, relieving the petitioner and sixteen other staff nurses from their deputation and directed them to join in their respective parent institutions. Accordingly, the petitioner was directed to join at Government Medical College Hospital, 2/6

Sivagangai. Challenging the same, the petitioner has approached this Court.

2.The learned counsel appearing for the petitioner has raised the following grounds to quash the impugned order:- i. Since the petitioner has been posted at Government Rajaji Hospital, Madurai on deputation basis, she has made several representations to accommodate her in the permanent post, however, it has not been considered.

ii. Without conducting counselling in the year 2019, more than 200 posts of nurses were filled up. While so, the second respondent has passed an order, cancelling the deputation, which is illegal and liable to be set aside.

iii.Though there are vacancies in the Government Rajaji Hospital, Madurai, cancelling the deputation of the petitioner is arbitrary.

Though the learned counsel appearing for the petitioner has raised several grounds, the main ground is that the petitioner's daughter is 3/6

studying 12th standard at Adhyapana School, Madurai and therefore, she finds it very difficult to join at Government Medical College Hospital, Sivagangai, leaving her children at Madurai. 3.Mr.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice for the respondents. 4.The petitioner, who is working as a staff nurse at Government Rajaji Hospital, Madurai on deputation basis has approached this Court that in the middle of the academic year of her daughter, who is studying 12th standard, an order of cancelling the deputation was passed by the Director of Medical Education. Since the 12th standard is a crucial stepping stone for higher education of every student and this petitioner's daughter is also studying 12th standard in Adhyapana School, Madurai, the impugned order of cancellation of deputation, insofar the petitioner is concerned shall be kept in abeyance till 01.04.2026. The petitioner shall file an affidavit of undertaking that on the next day, i.e on 02.04.2026, she 4/6

would join duty at her parent institution, namely, Government Medical College Hospital, Sivagangai.

5.With the above directions, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous petitions are closed.

09.12.2025 NCC: Yes/No Index:Yes/No vrn To 1.The Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai - 600 009.

2.The Director of Medical Education, Kilpauk, Chennai - 600 010.

3.The Dean, Government Rajaji Hospital, Madurai.

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B.PUGALENDHI, J.

vrn Order made in W.P(MD)No.35309 of 2025 and WMP(MD) Nos.27995 & 27998 of 2025 09.12.2025 6/6