Dismissed¶35

State of Tamil Nadu v. S Madhan

Madras HC10 Oct 2025/2959/2025

Case brief

AI extract

What is this about?

WA No. 2959 of 2025 (connected CMP No. 23835 of 2025), Madras High Court, decided 10-10-2025 by R. Suresh Kumar, J. and Hemant Chandangoudar, J.; writ appeal by State of Tamil Nadu (Health and Family Welfare Department) against common order dated 18.12.2023 in W.P.No.4971 of 2023 allowing employees' challenge to termination/show cause notices; Multipurpose Hospital Workers, Sanitary Workers, Mazdoors, Sweepers; G.O.Ms.No.325 Health and Family Welfare Department dated 20.11.2012; follows W.A.No.3633 of 2024 (order dated 28.01.2025); appeal dismissed, no costs, connected miscellaneous petition closed.

What did the court decide?

None to the appellants; the writ appeal was dismissed with no costs and the connected miscellaneous petition (CMP No. 23835 of 2025) was closed. ¶35

State of Tamil Nadu Vs S Madhan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellants; the writ appeal was dismissed with no costs and the connected miscellaneous petition (CMP No. 23835 of 2025) was closed.

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Issue for consideration

Whether the writ appeal should be allowed and the common order dated 18.12.2023 in W.P.No.4971 of 2023 (by which the Writ Court allowed the employees' challenge to the termination proposals) set aside. +1 more

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Court's answer

Since the question whether the Department's proposal to terminate the services of such employees for want of proper appointment order or proper fixing of pay scale, in view of G.O.Ms.No.325, Health and Family Welfare Department dated 20.11.2012, was correct or not had already been considered and decided in favour of the employees, this Court cannot take a different view than the one already taken by the Division Bench; accordingly the writ appeal must meet the same fate as W.A.No.3633 of 2024 and is dismissed.

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Ratio / Principle

The Special Counsel's attempt to distinguish the present appeal on the footing that this writ petitioner alone was not absorbed subsequently was rejected; the issue had already been raised, considered and decided by the Writ Court in the batch of writ petitions through the impugned order dated 18.12.2023.

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Detailed headnote1 paragraphs

Writ Appeal (Clause XV, Letters Patent) by the State of Tamil Nadu and health department officials against the common order dated 18.12.2023 in W.P.No.4971 of 2023, by which the learned Writ Court had allowed a batch of writ petitions filed by Hospital Workers/Sanitary Workers/Mazdoors/Sweepers (Multipurpose Hospital Workers) challenging show cause notices and termination orders issued for want of proper appointment order or proper fixing of pay scale in view of G.O.Ms.No.325, Health and Family Welfare Department dated 20.11.2012. Following the Division Bench decision in W.A.No.3633 of 2024 (decided 28.01.2025, wherein R. Suresh Kumar, J. was a party), the Court rejected the contention that the present appeal was distinguishable because this respondent alone had not been absorbed subsequently, held that it could not take a different view from the one already taken by the Division Bench, and dismissed the writ appeal with no costs, closing the connected miscellaneous petition.

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WA No. 2959 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-10-2025

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CORAM

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THE HON'BLE MR JUSTICE R. SURESH KUMAR

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AND

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THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.A No. 2959 of 2025 AND CMP NO. 23835 OF 2025

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State of Tamil Nadu

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The Principal Secretary to Government Helath and Family Welfare Department Secretariat, Chennai 600 009

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The Director Directorate of Public Health and Preventive Medicine (DPHS) No. 359, Anna Salai, DMS complex, Teynampet chennai 600 006

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The Deputy Director Health Service Office of Deputy Directorate of Health Service, Chengalpattu HUD, No. 17, Periyar Road, J C K Nagar chengalpattu 603 001

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..Appellants

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S Madhan S/o. Sarangan, No. 7/105 New Street, Soonambedu, Cheyyur , Chengalpattu 603 304

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..Respondent

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Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the Order dated 18.12.2023 made in WP No. 4971 of 2023.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 2959 of 2025

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For Appellants : Ms.M.Sneha, Special Counsel for Health and Family Welfare Department For Respondent : S.Vijayakumar

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Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

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This writ appeal has been directed against the order passed in W.P.No.4971 of 2023 by the learned Writ Court vide its order dated 18.12.2023.

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In fact the said order dated 18.12.2023 is a common order passed in many number of writ petitions, where the termination or proposed termination of the services of various employees who had been working either as Hospital Workers or Sanitary Workers, Mazdoors or Sweepers, otherwise called as Multipurpose Hospital Workers were sought to be removed. Those show cause notices as well as termination orders were under challenge in the said batch of writ petitions by various employees like the present respondent / writ petitioner and all those writ petitions were heard together and disposed of by a common order dated 18.12.2023, whereby the learned Writ Court allowed all those writ petitions.

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 2959 of 2025

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Against the said common impugned order, at least in respect of one writ petition ie., W.P.No.12493 of 2023, an intra Court appeal has been filed in W.A.No.3633 of 2024, which came to be decided by the Division Bench of this Court by order dated 28.01.2025, wherein one of us (R.Suresh Kumar, J.) was a party. Ultimately, the Division Bench considering all the aspects projected before it has come to the conclusion that the writ appeal deserved to be dismissed and accordingly dismissed the same by judgment dated 28.01.2025.

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Though an attempt has been made by Ms.M.Sneha, learned Special Counsel for the appellant Department to distinguish the present appeal insofar as the factual matrix of the present writ petitioner / respondent herein alone as if that this writ petitioner has not been absorbed subsequently whereas other writ petitioners were absorbed including the petitioner in W.P.No.12493 of 2023, we are not impressed with the said submission made by the learned counsel for the simple reason that, the issue was raised, considered and decided by the Writ Court in the said batch of writ petitions through the impugned order dated 18.12.2023, where the proposal made by the Department to terminate the services of such employees by issuing show cause notices as well as termination orders

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__________ Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 2959 of 2025

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issued in this regard by the appellant Department for want of proper appointment order or proper fixing of pay scale, in view of G.O.Ms.No.325, Health and Family Welfare Department dated 20.11.2012 whether was correct or not, having been considered and decided in favour of the employees, we cannot take a different view than the one already taken by a Division Bench.

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Resultantly, this writ appeal also has to face the same fate as that of

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W.A.No.3633 of 2024 and deserves to be dismissed. Accordingly, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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(R.S.K.,J.) (H.C.,J.) 10-10-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KST

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__________ Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 2959 of 2025

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The Principal Secretary to Government Helath and Family Welfare Department Secretariat, Chennai 600 009

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The Director Directorate of Public Health and Preventive Medicine (DPHS) No. 359, Anna Salai, DMS complex, Teynampet chennai 600 006

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The Deputy Director Health Service Office of Deputy Directorate of Health Service, Chengalpattu HUD, No. 17, Periyar Road, J C K Nagar chengalpattu 603 001

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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WA No. 2959 of 2025

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R.SURESH KUMAR J. AND HEMANT CHANDANGOUDAR J.

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KST

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WA No. 2959 of 2025 AND CMP NO. 23835 OF 2025