Disposed

Dr.v.R.Selvaambigai v. the Chairman/ Chief Secretary

Madras HC4 Sept 2025WP/33631/2025

Case brief

AI extract

What is this about?

The petitioner sought a writ directing authorities to consider her representation for pay protection and back salary upon her absorption as a Lecturer in Nursing. The Court, without delving into merits, directed the Dean to address the representation within six weeks.

What did the court decide?

Direction to the 2nd respondent (Dean) to consider the petitioner's representation dated 11.06.2024 and pass appropriate orders within six weeks.

Dr.v.R.Selvaambigai Vs the Chairman/ Chief… — Pension and Retirement Benefits | Madras HC (2025)

¶1

W.P. No.33631 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 04.09.2025

¶4

CORAM:

¶5

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA

¶6

W.P. No.33631 of 2025

¶7

Dr.V.R. Selva Ambigai

¶8

.... Petitioner

¶9

v s.

¶10

The Chairman / Chief Secretary, Departmental Promotion Committee, Mother Theresa Post Graduate & Research Institute of Health Sciences, Indira Nagar, Gorimedu, Puducherry – 605 006.

¶11

The Dean, Mother Theresa Post Graduate & Research Institute of Health Sciences, Indira Nagar, Gorimedu, Puducherry – 605 006.

¶12

Secretary to Government (Health), Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry – 605 001.

¶13

The Director of Health and Family Welfare Services, Government of Puducherry, No.46P, Main Block of the Old Maternity Hospital Complex, Victor Simonel, Puducherry – 605 001. ... Respondents

¶14

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

¶15

W.P. No.33631 of 2025

¶16

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the 1 st, 2nd and 3 rd respondents to pass orders on petitioner's representation, dated 11.06.2024, seeking pay protection from the date of petitioner absorption in the Post of Lecturer in Nursing w.e.f. 27.10.2015.

¶17

For Petitioner : Ms.D. Geetha

¶18

For Respondents : Mr.M. Nirmal Kumar Government Advocate (Puducherry)

¶19

- - - - - -

¶20

ORDER

¶21

B y consent of both the parties, this writ petition has been taken up for

¶22

final disposal at the admission stage itself. Mr.M. Nirmal Kumar, Government Advocate (Puducherry) takes notice on behalf of the respondents.

¶23

The relief sought for by the petitioner in this Writ Petition is for a direction to the respondents 1 to 3 to consider the petitioner's representation, dated 11.06.2024, seeking pay protection from the date of absorption in the Post of Lecturer in Nursing, w.e.f. 27.10.2015.

¶24

Heard the learned counsel appearing on either side and perused the

¶25

materials available on record.

¶26

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

¶27

W.P. No.33631 of 2025

¶28

It is averred in the affidavit filed in support of the writ petition that at

¶29

the time of joining service, the petitioner, who was a Bachelor degree holder in Nursing was appointed as staff Nurse by the Government of Puducherry on 15.08.2001. Subsequently, on completion of M.Sc, she was deputed to JIPMER and held the post of Tutor during the period 2008 to 2011. Later, she was deputed to the 2^nd respondent institution and served there as Tutor for the period 2013-2015. In the year 2014, she completed Ph.D. Nursing and thereafter she

¶30

was absorbed as Lecturer in Nursing in MTPG & RIHS, Puducherry and therefore, she was directed to tender her resignation to her parent department. On acceptance of resignation, she was relieved w.e.f. 26.10.2015 and absorbed in the post of lecturer in Nursing w.e.f. 27.10.2015. Thus, her pay was fixed in the pay band of Rs.15,600-39,100 with grade pay of Rs.6,000/-. It is her grievance that the said pay fixation was erroneous and stated that at the time of absorption in the 2^nd respondent institution, she was drawing a salary of Rs.19,900/- + G.P. Rs.6,000/-.

¶31

It is the further case of the petitioner that raising the issue of her promotion, she preferred writ petition viz., W.P. No.10568 of 2021 seeking for the relief of promotion to the post of Associate Professor, but the same was dismissed. Aggrieved over the said dismissal order, she preferred Writ Appeal

¶32

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

¶33

W.P. No.33631 of 2025

¶34

No.3561 of 2023. At the same time, she preferred another writ petition viz., W.P. No.901 of 2024 seeking promotion. On the other hand, she submitted various representations, lastly on 11.06.2024 to the respondents seeking pay protection from the date of her absorption. As the said representations were not considered, till date, by the respondents, she has approached this Court by filing this writ petition.

¶35

Learned counsel for the petitioner submits that it would suffice, if a direction is issued to the respondents to consider the representation of the petitioner, dated 11.06.2024, within a time frame to be fixed by this Court.

¶36

Mr.M. Nirmal Kumar, learned Government Advocate (Puducherry)

¶37

appearing for the respondents has no serious objection in issuing such a direction to the respondents. However, he submits that the 2^nd respondent is the competent authority to consider the petitioner's representation and accordingly he prays for issuance of appropriate directions.

¶38

In view of the fair stand taken by the learned counsel on either side, this Court, without going into the merits of the case, directs the 2^nd respondent to consider the petitioner's representation, dated 11.06.2024 and pass

¶39

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

¶40

W.P. No.33631 of 2025

¶41

appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

¶42

With the above directions, the writ petition stands disposed of. No

¶43

costs.

¶44

04.09.2025

¶45

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

¶46

vsi2

¶47

To 1. The Chairman / Chief Secretary, Departmental Promotion Committee, Mother Theresa Post Graduate & Research Institute of Health Sciences, Indira Nagar, Gorimedu, Puducherry – 605 006.

¶48

The Dean, Mother Theresa Post Graduate & Research Institute of Health Sciences, Indira Nagar, Gorimedu, Puducherry – 605 006.

¶49

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

¶50

W.P. No.33631 of 2025

¶51

A.D. JAGADISH CHANDIRA, J.

¶52

vsi2

¶53

The Secretary to Government (Health), Puducherry, Goubert Avenue, Beach Road, White Town, Puducherry – 605 001.

¶54

The Director of Health and Family Welfare Services, Government of Puducherry, No.46P, Main Block of the Old Maternity Hospital Complex, Victor Simonel, Puducherry – 605 001.

¶55

W.P. No.33631 of 2025

¶56

04.09.2025

¶57

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

Dr.v.R.Selvaambigai v. the Chairman/ Chief Secretary

Case brief

What is this about?

What did the court decide?

Dr.v.R.Selvaambigai v. the Chairman/ Chief Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.Balachander Vs the Superintendent of Police

P.Anbazhagan Vs the Secretary

Parthiban Vs Joseph Diaz, and Another

Abhishek Krishnamoorthy Vs State of Tamilnadu

Bins Sebastian Vs State of Tamilnadu

Dr.Rej J.V Vs State of Tamilnadu