← Library
Madras High CourtWP(MD)/36872/2025dismissed

Rajeswari A v. The Director Of Medical Educational And Research,

2025-12-26Honourable Ms.Justice R. Poornima7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.12.2025

CORAM

THE HONOURABLE MS.JUSTICE R.POORNIMA and W.M.P(MD)Nos.29317 & 29318 of 2025 A.Rajeswari ... Petitioner Vs.

1.The Director of Medical, Educational and Research, Kilpauk, Chennai - 600 010.

2.The Principal, Government Thiruvarur Medical College Hospital, Thiruvarur District.

3.The Medical Officer, Government Hospital, Alangulam, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records in 1/7

impugned communication of the first respondent in Ref No. 90288/N1/2025 dated 21.11.2025 and consequential communication of the second respondent in Na.Ka.No.10429/Nee2/2025 dated nil.12.2025 signed on 03.12.2025 and quash the same as illegal and arbitrary in respect of the petitioner alone.

For Petitioner : Mr.S.Kumar For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This Writ Petition has been filed challenging the impugned communication of the first respondent in Ref No.90288/N1/2025 dated 21.11.2025 and consequential communication of the second respondent in Na.Ka.No.10429/Nee2/2025 dated nil.12.2025 signed on 03.12.2025. 2.The learned counsel appearing for the petitioner submits that the petitioner is a native of Tenkasi District. In the year 2009, she completed her education and was appointed as a Staff Nurse on contract basis at Namakkal District. In 2016, she was transferred to Government Primary Health Centre, Nettur, Tenkasi District. Subsequently, the Government decided to regularise all contract Staff Nurses and accordingly, the 2/7

petitioner was made as permanent and posted to Government Thiruvarur Medical College Hospital, Thiruvarur District. Thereafter, on the petitioner's own request, she was deputed to Government Hospital, Alangulam, Tenkasi District vide proceedings of the first respondent dated 23.08.2017, where she has been working till date.

3. The learned counsel for the petitioner further submits that the petitioner's husband died on 06.12.2020, leaving behind the petitioner and her children and her mother-in-law. The petitioner's parents are also aged about 70 and 67 respectively, and she is the sole caregiver for them. Recently, the petitioner's mother sustained a fracture and underwent surgery and therefore requires special care. While so, the first respondent, by proceedings dated 16.06.2025, cancelled the diversion orders of 94 Staff Nurses, including the petitioner. On receipt of the same, the petitioner personally met the first respondent and submitted a written request seeking permission to continue at the Government Hospital, Alangulam, as her presence was essential to take care of her children and aged parents. Considering the petitioner's plight, the first respondent permitted her to continue in the diverted institution until further orders, 3/7

vide proceedings dated 16.07.2025. Pursuant thereto, the petitioner continued to work at the Government Hospital, Alangulam, Tenkasi District.

4.On 09.09.2025, the petitioner submitted a representation to the respondents and also to the Hon'ble Chief Minister's Cell seeking permanent transfer to either Tirunelveli District or Tenkasi District. On 19.09.2025, the second respondent replied stating that the petitioner's request for transfer would be considered only during general counselling. While so, the first respondent, by proceedings dated 21.11.2025, cancelled the deputation orders issued by the Directorate and directed that all Staff Nurses working on diversion/deputation prior to May 2021 be relieved and sent back to their parent institutions. Consequently, the second respondent, by communication dated 03.12.2025, directed the third respondent to relieve the petitioner from the post of Staff Nurse. Aggrieved by the same, the petitioner has filed the present writ petition. 5.The learned Government Advocate appearing for the respondents submits that as per the proceedings of the first respondent dated 4/7

21.11.2025, deputation orders issued by the Directorate were cancelled and the orders of about 94 Staff Nurses were rescinded, directing them to report to their respective parent institutions. It is contended that deputation is not a matter of right and that the petitioner, without joining her parent institution and without submitting any representation to the higher authorities, has directly approached this Court. He further submits that the petitioner is bound to join her parent institution forthwith and that the writ petition is devoid of merit. He therefore seeks dismissal of the writ petition.

6.On a perusal of the records, it is evident that the petitioner was posted to the present place only on deputation basis. Her earlier request was considered and she was permitted to continue at the deputed place as per the proceedings dated 16.07.2025. However, pursuant to the subsequent proceedings cancelling all deputations prior to May 2021, the petitioner has been directed to report to her parent institution. The petitioner has already applied for permanent transfer and the same is stated to be pending consideration during the general counselling. In such circumstances, the petitioner is required to join her parent 5/7

institution and await the outcome of the counselling process. The petitioner has no vested right to claim continuance on deputation, nor can deputation be claimed as a matter of right.

7.This Writ Petition is dismissed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 26.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Dindigul, Dindigul District.

2.The Tahsildar, Dindigul West Taluk, Dindigul District.

3.The Executive Officer, Kannivadi Town Panchayat, Kannivadi, Dindigul District.

6/7

R.POORNIMA , J.

MGA 26.12.2025 7/7