S.Mahalakshmi v. The Principal Secretary to Government,

ORDER This writ petition has been filed to call for the records from the 6th respondent relating to the communication dated 03.07.2025 bearing Reference:RC No.3163234-HSS-HROHRMI/3/2025 and quash the same as illegal, arbitrary, discriminatory, without jurisdiction and consequently direct the respondents 1 to 6 to appoint the petitioners to the post of Nurses in Government Hospitals/Health care Institutions in Tamil Nadu and issue necessary posting orders within the time frame to be fixed by this Court and absorb the petitioners on permanent basis together with monetary, service and other attendant benefits.

¶2It is stated that the petitioners had completed Diploma / Degree courses in Nursing and, by virtue of their qualification, they were appointed as Staff Nurses during the COVID-19 pandemic period pursuant to the recruitment process initiated by the 3rd respondent at the instance of the respondents 1 and

2.

¶3Initially, appointment and posting orders were issued to a few candidates and subsequently, considering the requirement during the pandemic, the petitioners and several others were also engaged as Staff Nurses. In total, about 818 and 2366 nurses across the State of Tamil Nadu were appointed during the said period. Subsequently, the services of the nurses were disengaged in batches. In specific, it is stated that by proceedings dated 30.03.2022 bearing Ref.No.5719/N1/2/2020, about 818 nurses were terminated with effect from

31.03.2022 and thereafter, by G.O.(D) No.1412 dated 30.12.2022, the services of 2366 nurses were terminated. Challenging the termination orders, several nurses including those who were appointed along with the petitioners approached this Court by filing a batch of writ petitions viz., W.P. Nos.2424 of 2023 etc. This Court, by order dated 12.07.2023, allowed the said writ petitions by setting aside the termination orders and directed the respondents to absorb the nurses who had worked during the COVID pandemic period. Thereafter, the respondent therein / Government preferred an appeal viz., W.A. No.2856 of 2023 and on the other hand, the petitioners herein filed several writ petitions viz., W.P. No.5447 of 2024 etc., batch.

¶4The said writ appeal along with connected writ petitions viz., W.P. No.5447 of 2024 etc., batch were taken up together and the Hon'ble Division Bench, vide order dated 12.07.2023, directed the respondents therein to conduct counselling for absorption of the nurses who had worked during the COVID pandemic period, based on the date of termination and upon verification of the COVID working certificate.

¶5It is stated that though counselling was conducted pursuant to the directions issued by the Hon'ble Division Bench, the petitioners could not participate in the counselling as the communication regarding counselling did not reach them since they were not residing in the addresses available in the records. Consequently, their candidature was not considered for absorption and thereby the impugned order dated 03.07.2025 was issued by the 6th respondent. Challenging the said order, this writ petition has been filed.

¶6Learned counsel for the petitioners submitted that the 6th respondent vide impugned communication dated 03.07.2025 decided to appoint Nurses on contract basis through District Health Societies and submitted that the respondents appointed 104 Nurses out of 818 Nurses so far, and not appointing the petitioners which shows clear discrimination. However, he submitted that the petitioners seek permission of this Court to submit fresh representations along with proof of residence and COVID period working certificates so that their claims may be considered in the light of the orders already passed by this Court.

¶7Per contra, the learned Special Counsel appearing for the respondents submitted that in obedience to the directions issued by the Hon'ble Division Bench, counselling was conducted for the eligible candidates. However, she submitted that the respondents have stated their no objection that if this Court issues direction to the petitioner to submit fresh representations along with the necessary documents to consider their case and upon verification, the respondents will pass appropriate orders in accordance with law, within a reasonable time frame.

¶8Considering the submissions made by learned counsel on either side and taking note of the fact that this Court had already issued directions for absorption of nurses, vide orders, which are referred to supra, who had worked during the COVID pandemic period subject to verification of their credentials, this Court is of the view that the ends of justice would be met if an opportunity is granted to the petitioners to place their claims before the respondents.

¶9Accordingly, this Court directs the petitioners to submit individual representations along with proof of residence and COVID period working certificates to the respondents, within a period of one week from the date of receipt of a copy of this order. On receipt of such representations, the respondents shall verify the same in accordance with law and consider the case of the petitioners in the light of the orders passed by this Court and complete the said exercise, within a period of two weeks thereafter.

¶10With the above directions, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

27.02.2026 (2/2) Index:Yes/No Speaking/Non-speaking order vsi2 To :

¶1The Principal Secretary to Government Health and Family Welfare Department Fort St. George Chennai 600 009.

¶2The Director Medical and Rural Health Services Office of the Director of Medical and Rural Health Services DMS Building, Anna Salai, Teynampet Chennai 600 006.

¶3The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Building Anna Salai, Teynampet Chennai 600 006.

¶4The Director of Public Health DMS Building, Anna Salai Teynampet Chennai 600 006.

¶5The Director of Medical Education 162 Periyar E.V.R.High Road Kilpauk, Chennai 600 010.

¶6The Mission Director National Health Mission – TN No.359 Anna Salai DMS Annex Building, Teynampet Chennai 600 006. W.P.oNo.28088oofo2025 M.oDHANDAPANI,oJ.o vsi2 oW.P.Noo.o28088oo fo202oo5o aonod W.M.P.Nos.31505,o31506oando31509oofo2025

27.02.2026 (2/2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.02.2026 CORAM: THE HON'BLE MR. JUSTICE M. DHANDAPANI W.P.No. 28088 of 202 a n d W.M.P.Nos.31505, 31506 and 31509 of 2025 1. S. Mahalakshmi 2. B. Saranya 3. Jayamathy 4. K. Chandraleka 5. Sarala.E 6. K. Jeyasri 7. A.Kanaga 8. V. Bharathkumar 9. K. Pravina 10. S. Deepa 11. S. Govindammal 12. P. Bhavani 13. Sumathi.J 14. A. Anantha Sibin 15. Gayathri.N 16. M. Geetha 17. P. Sathyabama 18. S. Sowmiya 19. D. Malathi 20. M. Thamilarasi 21. A. Rajeswari 22. G. Ezhilarasi 23. A. Nagalakshmi 24. M. Akila 25. S. Sathiyabama 26. S. Kanaga 27. G. Sheelarani 28. P. Vinnarasi 29. S. Rajakumari 30. S. Mohanapriya 31. A. Anandhi 32. M. Vidhya 33. L. Sathyapriya 34. R. Akila 35. R. Kavitha 36. Sasikala.S 37. R. Kalaiselvi 38. S. Subha 39. N. Divya 40. K. Nagalakshmi 41. M. Nandhini 42. T. Karthika Devi 43. S. Venkateswari 44. N. Revathiammal 45. M. Marilakshmi 46. G. Sandhanasudha 47. V.Susilavarathalakshmi 48. R. Mahalakshmi 49. Subashri.R 50. Gokulapriya 51. B. Yamuna 52. P. Jency 53. P. Gayathri 54. A. Helen 55. Shanmugathai.M 56. P. Vidhyalakshmi 57. A. Ahila 58. V. Poovarasi 59. G. Jeya Sangeetha 60. S. Rangammal 61. B. Sathiyabama 62. N.Y.Meena 63. S. Umamaheshwari 64. M. Susmitha 65. S. Mahalakshmi 66. P. Poovammal 67. M. Mageswari 68. R. Varalakshmi 69. M. Rajammal … Petitioners Vs 1. The Principal Secretary to Government Health and Family Welfare Department Fort St. George Chennai 600 009. 2. The Director Medical and Rural Health Services Office of the Director of Medical and Rural Health Services DMS Building, Anna Salai, Teynampet Chennai 600 006. 3. The Chairman Medical Services Recruitment Board (MRB) 7th Floor, DMS Building Anna Salai, Teynampet Chennai 600 006. 4. The Director of Public Health DMS Building, Anna Salai Teynampet Chennai 600 006. 5. The Director of Medical Education 162 Periyar E.V.R.High Road Kilpauk, Chennai 600 010. 6. The Mission Director National Health Mission – TN No.359 Anna Salai DMS Annex Building, Teynampet Chennai 600 006. … Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus to call for the records from the sixth respondent relating to the communication dated 3/7/2025 bearing Reference:RC No.3163234-HSS-HROHRMI/3/2025 and quash the same as illegal, arbitrary, discriminatory, without jurisdiction and consequently direct the respondents 1 to 6 to appoint the petitioners to the post of Nurses in Government Hospitals/Health care Institutions in Tamil Nadu and issue necessary posting orders within the time frame fixed by this Court and absorb the petitioners on permanent basis together with monetary, service and other attendant benefits. For Petitioners : Mr.N.G.R. Prasad for M/s.Row and Reddy For Respondents : Ms.M.Sneha Special Counsel