The department appealed a single judge's order quashing a staff nurse's transfer. The bench dismissed the appeal, noting it was strange for the department to appeal when the transferee had not appealed, and observed the transferee had not cleared probation while the petitioner had over 11 years of service.
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1 W.A.(MD)NO.362 OF 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.(MD)No.362 of 2025 AND C.M.P.(MD)No.3009 of 2025
Vs.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 23.10.2024 made in W.P.(MD)No.21675 of 2024 on the file of this Court.
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| 2 W.A.(MD)NO.362 OF 2025 | |
|---|---|
| For Appellants | : Mr.N.Satheesh Kumar, Additional Government Pleader. |
| For R-1 | : Mr.Mahaboob Athiff, For Mr.R.Jenifar Bibin. |
| * * * |
J U D G M E N T
(Order of the Court was delivered by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The Department has filed this appeal questioning the order dated 23.10.2024 allowing W.P.(MD)No.21675 of 2024 filed by the first respondent herein.
3. The first respondent was appointed as a staff nurse. She is working in Government Urban Primary Health Centre at Tiruppur. She had made request for transferring her to ESI Dispensary, Rajapalayam. Since the request was not considered, she filed W.P. No.14902 of 2024. The writ petition was disposed of on 07.06.2024 in the following terms:-
“The petitioner is working as a Staff Nurse. The native of the petitioner is Virudhunagar. She is now transferred to Tirupur. She has joined there
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3 W.A.(MD)NO.362 OF 2025
and she is working. However, she has got some ailments and therefore, she has made a representation to transfer her back to Virudhunagar District.
4. When the writ petitioner was waiting for the consideration of her request, one Mahalakshmi, staff nurse, Government Urban Primary Health Centre, Tirupur was transferred and posted to ESI Dispensary, Rajapalayam vide order dated 25.06.2024. This was questioned by the writ petitioner in W.P.(MD)No.21675 of 2024.
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4 W.A.(MD)NO.362 OF 2025
Mahalakshmi was shown as the fourth respondent. The learned single Judge allowed the writ petition vide order dated 23.10.2024 in
the following terms:-
“6. A perusal of the records indicate that the fourth respondent herein has given a representation on 12.06.2023 through the Hon'ble Minister for Electricity Department, who has nothing to do with the Directorate of Medical and Rural Health Services (ESI), Chennai. The fourth respondent has not given any request to the competent authority namely, the first respondent seeking transfer. Therefore, on the basis of the above said request, the first respondent cannot effect transfer under the impugned order. Considering the fact that the petitioner is working in Tiruppur for the past seven years, this Court is of the considered opinion that the petitioner should have been accommodated at Rajapalayam based upon her request dated 11.03.2024.
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on the basis of request seniority and policy of the respondents. However, so far the first respondent has not passed any order on the basis of the request made by the writ petitioner herein or the orders passed by this Court on 07.06.2024.
5. Even though Mahalakshmi's transfer order was set aside, she has not chosen to file any appeal. It is the Department that has chosen to file this appeal. We find this to be strange. The learned single Judge had taken note of the fact that the representation was given to the Hon'ble Minister who had nothing to do with the Department in question and based on the same, the impugned order came to be passed. It is also relevant to note that Mahalakshmi had not cleared probation during the relevant time. On the other hand,
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6 W.A.(MD)NO.362 OF 2025
the writ petitioner had put in more than 11 years of service. A person
who has not completed probation may not really be entitled to request transfer. Interference with the order of the learned Judge is not called for. This writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 23rd June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU
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7 W.A.(MD)NO.362 OF 2025
G.R.SWAMINATHAN,J.
AND K.RAJASEKAR, J.
PMU
W.A.(MD)No.362 of 2025
23.06.2025
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2 issues framed by the court
Whether the department's appeal challenging the writ petitioner's transfer order was maintainable when the individual who received the benefit (fourth respondent) did not file an appeal.
Whether the petitioner was entitled to transfer over the fourth respondent given the latter had not cleared probation.
1 provisions across 1 enactments
The Director(ESI), Directorate of Medical & Rural Health Services, Teynampet, Chennai
The Medical Officer, Urban Primary Health Center, TSK Colony, Tiruppur, Tiruppur District
The Chief Medical Officer, ESI Dispensary, Rajapalayam, Virudhunagar District
G.Kaleeswari
Mahalakshmi
G.R.SWAMINATHAN
K.RAJASEKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
