K.Saravanan v. State of Tamil Nadu

ORDER By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2.This petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 02.12.2025 to accommodate in the 4th Respondent's Government Theni Medical College Hospital.

3.The learned counsel for the petitioner would submit that the petitioner has been working as a Staff Nurse at the Institute of Obstetrics and Gunaecology, Egmore, Chennai, since 2007. The petitioner's elder son S.Kavinkumar, is a person with disability, suffering from Cerebral Palsy with Spastic Diplegia. His right-side movement is affected and he is unable to speak. Under such circumstances, the petitioner's wife was posted as Tutor Nursing Page2 of 6 Grade-II at Government Theni Medical College Hospital. Therefore, the petitioner made a request to the respondents seeking transfer to Theni. Considering his request, he was posted on deputation to Government Medical College Hospital Theni on 31.08.2016. Whileso, the Government established the NRT Government Memorial Mental Health and Research Institution, which required 10 posts of Staff Nurses. Consequently, on 21.07.2025, three Staff Nurses, including the petitioner, were deputed from Government Medical College Hospital Theni to the said Institute. Hence this writ petition has been filed seeking to recall the petitioner's deputation order and to direct consideration of his representation dated 02.12.2025, in view of his son's disability and the fact that his daughter is studying 12th Standard at Theni.

4.The learned Government Advocate appearing for the respondents submitted that the petitioner's representation would be considered in the light of G.O (Ms) No.107, Personnel and Administrative Reforms (S) Department dated

03.09.2020.

5.It is needless to state that whenever a representation is made to the statutory authorities, the same should be duly considered, and non-consideration of the same would amount to dereliction of duty. Therefore, the 2nd respondent Page3 of 6 is directed to consider the petitioner's representation dated 02.12.2025 in the light of G.O (Ms) No.107, Personnel and Administrative Reforms (S) Department dated 03.09.2020 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Till the petitioner's representation is disposed of, he shall not be disturbed from the present destination of job.

6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs. 13-05-2026 Index: Yes/No Speaking/Non-speaking order Uma Page4 of 6 To

¶1State of Tamil Nadu Rep by its Principal Secretary to Government, health and Family Welfare Department, Secretariat, Chennai 600 009

¶2The Director of Medical Education and Research Kilpauk, Chennai

¶3The Director of Medical and Rural Health Service Chennai 06

¶4The Dean Government Theni Medical College Hospital, Theni District Page5 of 6 WPoNo.o18497oofo2026 L.VICTORIAoGOWRI,oJ. Uma WPoNo.o18497oofo2026 13-05-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI K.Saravanan A. Renganathapuram, Periyakulam, theni District ..Petitioner Vs 1. State of Tamil Nadu Rep by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Chennai 600 009 2. The Director of Medical Education and Research Kilpauk, Chennai 3. The Director of Medical and Rural Health Service Chennai-600 006 4. The Dean Government Theni Medical College Hospital, Theni District ..Respondents Page1 of 6 Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 02.12.2025 to accommodate in the 4th Respondent's Government Theni Medical College Hospital. For Petitioner: Mr.V.Panneer Selvam for M/s.C.S.Associates For Respondents: Mr.S.J.Mohamed Sathik Government Advocate