W.P.No.39407 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.11.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.39407 of 2025 and W.M.P.No.44250 of 2025 P.Sasikala ...Petitioner -Vs- 1. The Government of Tamil Nadu, Rep. by its Principal Secretary, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai – 600 009. 2. The Directorate of Medical and Rural Health Services, Rep. by its Director, DMS Campus, Anna Salai, Teynampet, Chennai – 600 006. 3. The Directorate of Medical, Education and Research, Rep. by its Director, EVR High Road, Kilpauk, Chennai – 600 010. 4. The Director, Institute of Social Obstetrics and Government Kasturba Gandhi Hospital for Women and Children, Triplicane, Chennai – 600 005. ... Respondents p. 2 W.P.No.39407 of 2025 Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, for a direction to the third respondent directorate to relieve from the fourth respondent institute pursuant to the order bearing Ref. No.15621/N2/2/2025 dt. 17.07.2025 passed by the second respondent Directorate and to divert the petitioner's service to the Government Rajaji Medical College Hospital, Madurai District within a time frame fixed by this Court. For Petitioner : Mr.V.Govardhanan For Respondents : Mr.M.Bindran Additional Government Pleader ORDER This writ petition has been filed for direction directing the third respondent to relieve from the fourth respondent in order to join in the diverted place viz., Government Rajaji Medical College Hospital, Madurai. 2. The petitioner got selected and appointed as Staff Nurse on 23.08.2016. Thereafter, her service was regularised and she granted regular time scale of pay and also was posted in the fourth respondent Hospital. The petitioner had two children and her aged in-laws are staying in Virudhunagar District, since her husband is working as Junior p. 3 W.P.No.39407 of 2025 Assistant in Virudhunagar District. Therefore, the petitioner made request to the second respondent to divert her service to any place near her home town. Considering the said request, the second respondent passed an order dated 17.07.2025, thereby diverting the petitioner from the fourth respondent Hospital to the Government Rajaji Medical College Hospital, Madurai. However, the petitioner was not relieved from the fourth respondent. Therefore, the petitioner filed this Writ Petition. 3. The learned Additional Government Pleader appearing for the respondents submitted that due to non availablity of Staff Nurse, the order of divertion has been cancelled by the second respondent by an order dated 23.10.2025, as per the request of the respondents 3 & 4. 4. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 5. While pending the Writ Petition, the second respondent once again passed an order dated 23.10.2025, thereby cancelling the p. 4 W.P.No.39407 of 2025 divertion order passed in respect of the petitioner. Once the issue has been seized by this Court, that too for a direction to relieve the petitioner in order to comply with the order passed by the second respondent, the second respondent ought not to have cancelled the divertion order itself. Further while passing the divertion order, the second respondent did not consult with the respondents 3 & 4 herein. 6. Though the order of cancellation of divertion order dated 23.10.2025 is not under challenge in this Writ Petition, in the interest of justice and also for the reasons stated above, it cannot be sustained and is liable to be quashed. 7. Accordingly, the cancellation of divertion order passed by the second respondent dated 23.10.2025 is hereby quashed. The respondents 2 to 4 are directed to relieve the petitioner from the fourth respondent Hospital forthwith, and permit her to join in the Government Rajaji Medical College Hospital, Madurai, within a period of one week from the date of her relieve from the fourth respondent. p. 5 W.P.No.39407 of 2025 8. With the above directions, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs. 11.11.2025 Index : Yes/No Neutral Citation : Yes/No Speaking/Non Speaking order rts Note : Issue order copy on or before 14.11.2025 To 1. The Principal Secretary, Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St. George, Chennai – 600 009. 2. The Directorate of Medical and Rural Health Services, Rep. by its Director, DMS Campus, Anna Salai, Teynampet, Chennai – 600 006. 3. The Directorate of Medical, Education and Research, Rep. by its Director, EVR High Road, Kilpauk, Chennai – 600 010. 4. The Director, Institute of Social Obstetrics and Government Kasturba Gandhi p. 6 W.P.No.39407 of 2025 Hospital for Women and Children, Triplicane, Chennai – 600 005. p. 7 W.P.No.39407 of 2025 G.K.ILANTHIRAIYAN. J, rts W.P.No.39407 of 2025 and W.M.P.No.44250 of 2025 11.11.2025