The Principal Secretary to Government Vs M.Thilagavathi Deepa — Madras HC (2026) — LawSathi Research

The Principal Secretary to Government Vs M.Thilagavathi Deepa — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

W.M.P(MD)No.3063 of 2026 dismissed; the interim stay granted on 19.01.2026 made absolute; respondents in the writ petition left free to make an alternative arrangement and pass appropriate order to fill the post where the petitioner is proposed to be transferred; matter posted to June 2026.

Issue for consideration

Whether the interim stay granted on 19.01.2026 in W.M.P.(MD)No.442 of 2026 in W.P.(MD).No.469 of 2026 should be vacated. +1 more

Court's answer

The Court found no reason or justification to vacate the interim stay already granted by it.

Ratio / Principle

Since the redeployment and transfer in question is in the cadre of Assistant, seniority in the cadre of Assistant is the relevant criterion, not seniority in the entry-level post in which the petitioner entered service.

Key takeaways

Treating the petitioner as junior most, ignoring her promotion to the post of Assistant as early as 2016 and instead considering her initial entry into service as typist, is highly arbitrary.ratio¶¶26
It is open to the respondents in the writ petition to make an alternative arrangement and pass appropriate order, if they choose, to fill up the post where the petitioner is proposed to be transferred.obiter¶¶28

Detailed headnote1 paragraphs

Vacate-stay application by State health authorities (Principal Secretary to Government, Health and Family Welfare Department; Director of Family Welfare; Deputy Directors of Medical and Rural Health Services and Family Welfare for Dindigul and Theni Districts) seeking vacation of the interim stay granted on 19.01.2026 in W.M.P.(MD)No.442 of 2026 in W.P.(MD)No.469 of 2026 — dismissed; interim stay made absolute. Holding that the redeployment and transfer in question being in the cadre of Assistant, seniority in the cadre of Assistant — not the entry-level post — is the relevant criterion; treating the petitioner as junior most in Dindigul District by reckoning her initial appointment as typist, while ignoring her promotion to Assistant as early as 2016, is arbitrary. Respondents in the writ petition may make an alternative arrangement and pass appropriate orders to fill the post where the petitioner is proposed to be transferred; matter posted to June 2026.

WMP(MD) NO. 3063 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-03-2026

CORAM

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

WMP(MD) NO. 3063 of 2026 IN

WP(MD) NO. 469 OF 2026

The Principal Secretary to Government Health and Family Welfare (R1) Department Secretariat Chennai 600 009.

The Director of Family Welfare No. 359 DMS Buildings Anna Salai Chennai 600 006.

3.The Deputy Director of Medical and Rural Health Services and Family Welfare, District Family Welfare Bureau Dindigul District.

4.The Deputy Director of Medical and Rual Health Services and Family Welfare, District Family Welfare Bureau Theni District.

Petitioner(s) Vs

M.Thilagavathi Deepa

Respondent(s)

For Petitioner(s):

Mr.B.Ramanathan Additional Government Pleader

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

For Respondent(s):

Mr.S.Sarvagan Prabhu

Prayer: To vacate the interim stay granted on 19.01.2026 in W.M.P.(MD)No.442 of 2026 in W.P. (MD).No.469 of 2026 and thus render justice.

ORDER

This application has been filed seeking to vacate the Interim stay granted on 19.01.2026 in W.P(MD)No.469 of 2026, which was subsequently extended from time to time, till date.

This court while granting interim stay on 19.01.2026, took note of the fact that the petitioner herein is the senior most in the cadre of Assistant in Dindigul District, but the petitioner herein was considered as junior most in the Dindigul District by taking into consideration of her initial appointment as typist. The redeployment and transfer in question is in the cadre of Assistant. Therefore, the seniority in the cadre of Assistant is the relevant criteria but not in the entry level post, in which the petitioner entered into service.

Though counter affidavit is filed, the same is also takes the very same stand, which was taken into consideration by this Court while granting interim stay.

This Court is unable to find any justification for the respondents to treat the petitioner as junior most ignoring her promotion to the post of Assistant as early as in the year 2016 and considering her initial entry into the service as typist is highly

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

arbitrary. In the circumstances, this Court does not see any reason or justification to vacate the interim stay already granted by this Court.

Accordingly, W.M.P(MD)No.3063 of 2026 is dismissed and the interim stay

granted on 19.01.2026 is hereby made absolute. It is made clear that it is for the respondents in the writ petition to make an alternative arrangement and pass appropriate order, if they chose, to fill up the post where the petitioner is proposed to be transferred.

Post the matter in the month of June, 2026.

09-03-2026

am

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