Back
2025 Supreme(Online)(Mad) 77729
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
S.Viswa – Appellant
Versus
The Director Medical and Rural Health Services, DMS Campus, Tenampettai, Chennai – 600 006 – Respondent
W.P.No. 32028 of 2025
For the Petitioner: Mr. R.K.Gandhi
For the Respondents: Mr. M.Bindran Additional Government Pleader
The court ruled that administrative decisions affecting individual circumstances must be taken with consideration of personal hardships and fair opportunity for representation.
Headnote:(A) Constitution of India - Article 226 - Writ of Certiorari - The petitioner, a staff nurse, sought transfer from her posting away from home due to family hardships including caring for children and elderly relatives. The order directing her return to original posting was challenged. (Paras 3, 8, 10, and 14)
(B) Administrative Orders - The cancellation of the transfer was deemed prejudicial without considering personal circumstances; failure to provide an opportunity to the petitioner before cancellation was observed. (Paras 11, 13)
Facts of the case:
The petitioner was transferred against her request and cited personal hardships including her family and health responsibilities.
Findings of Court:
The cancellation of the transfer order affects the petitioner's caregiving responsibilities and was not warranted without opportunity for her representation.
Issues: The main issues revolve around the justification for the cancellation of the diversion order and the lack of consideration of the petitioner’s circumstances.
Ratio Decidendi: The court held that administrative reasons must be considered sympathetically, and an unfair order without opportunity is incorrect.
Result: The writ petition is allowed, and the impugned order is set aside.
| Table of Content |
|---|
| 1. request for transfer due to overwhelming personal reasons. (Para 2 , 13) |
| 2. petitioner’s family hardships and health issues. (Para 3 , 4 , 5 , 6 , 12) |
| 3. lack of due consideration in the cancellation order. (Para 7 , 10) |
| 4. administrative reasons cited for decisions affecting personnel. (Para 8 , 11) |
O R D E R
The Writ Petition is filed for the following relief:
“call for records in connection with the proceedings in Ref No. 13028/N2/2025 dated 16.06.2025 of 1st respondent in respect of petitioner only and quash the same and to direct the respondents herein to consider the petitioner's representation dated 24.06.2025 and to transfer the petitioner from Government Head Quarters Hospital, Perambalur, to the Government Medical College Hospital at Aasaripallam Kanyakumari or Kuzhithurai Government Hospital or any one Government Hospital or any one Urban Primary Health Centres at Kanyakumari District which is nearest to the petitioner native place”.
2. The petitioner seeks to call for the records dated 16.06.2025 in Ref.No.13028 / N2 / 2025 in respect of the petitioner alone and to direct the respondents to consider a representation dated 24.06.2025 and transfer her from the Government Head Quarters Hospital, Perambalur to Government Medical College Hospital at Aasaripallam Kanniyakumari or Kuzhithurai Government Hospital or any other Government Hospital.
3. It is her contention that she has been appointed as a Staff Nurse on a consolidated pay in the year 2015 at Government Medical College Hospital, Sivagangai. Her services were later confirmed and reqularised by the respondents in the year 2019. She was transferred to the Government Head Quarters Hospital, Perambalur. Thereafter, she got married to one Aji from Kanniyakumari.
4. Her husband is engaged in wood work at Aasaripallam. She has been blessed with two children, a daughter, aged 8 and a son, who is just 1 ½ years old. The children are being taken care of by her husband and his elder parents. Further, the petitioner's mother who is over 85 years in the age is bed ridden and suffers from several age related ailments and it is the petitioner who is taking care of her.
5. Likewise, her mother in law has several health issues and is finding it very difficult to take care of the children especially when the children fall ill. The petitioner, as a mother, is unable to attend to the needs of her children on account of her being posted away from her home town. In addition to all these problems the petitioner is also suffering from Spinal cord problem for which she is undergoing treatment at a Government Medical College Hospital, Kanniyakumari.
6. While she was working at Government Head Quarters Hospital, Perambalur, she had made a request for transfer to the Primary Health Cenre, Kanniyakumari, Government Medical College Hospiatal, Kanniyakumar or any other Government Hospital in the said District. In response to this request the respondents had issued a diversion order dated 24.01.2020 assigning duty at Government Kanniyakumari Medical College Hospital and she has been serving in the said Hospital.
7. All of a sudden by order dated 16.06.2025 the 2nd respondent had directed the petitioner to report back to the Government Head Quarters Hospital, Perambalur. In view of the facts narrated above she would submit that she is suffering immense hardship working at Perambalur. Therefore, she has come forward with the above Writ Petition.
8. By impugned order the 1st respondent had cancelled the diversion order already issued by them. The reason given is administrative and for the welfare of the patients. The petitioner was posted at the Government Medical College Hospiatal, Kanyakumari, by diversion order dated 24.01.2020.
9. Heard the learned counsels on the either side.
10. The petitioner has to not only take care of her mother who is bed ridden but also her husband, children and her family. It is seen that by order dated 16.06.2025 the 1st respondent had passed an order cancell
