BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

17.11.2025 23.01.2026 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.18559 of 2025 and W.M.P.(MD).Nos.14221 & 14222 of 2025 Dr.E.Sushil Kumaar … Petitioner -vs-

1.The State of Tamil Nadu, Represented by its Secretary, Department of Health and Family Welfare, Fort St.George, Chennai – 600 009.

2.The Director of Medical Education, Government Medical College, Karur, Karur District – 639 004.

4.The Dean, Government Medical College, Nagapattinam, Nagapattinam District – 611 108.

5.Dr.Kumar, Casualty Medical Officer cum Resident Medical Officer in-charge, Government Medical College, Karur, Karur District – 639 004. … Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other order or directions in the nature of a Writ calling for records relating to the impugned order passed by the second respondent Director in Ref.No.55268/E3/1/2025 dated 02.07.2025 and the consequential impugned proceedings issued by the third respondent Dean in Ref.No.1974/E1/2025 dated 03.07.2025 quash the same as illegal and further direct the second and third respondents to permit that petitioner to continue to serve as Assistant Professor in Cardiology at the third respondent institution, Government Medical College Hospital, Karur and pass such further or other suitable order.

For Petitioner : Mr.Isacc Mohanlal Senior Counsel for Mr.I.Velpradeep For Respondent : Mr.N.Satheesh Kumar for RR1 & 2 Additional Government Pleader : Ms.M.Sneha for RR3 & 4 Standing Counsel

O R D E R

The present Writ Petition has been filed to quash the impugned transfer order dated 02.07.2025 passed by the second respondent and the consequential impugned relieving order issued by the third respondent dated 03.07.2025 as illegal and further direct the second and third respondents to permit that petitioner to continue to serve as Assistant Professor in Cardiology in the third respondent institution Government Medical College Hospital, Karur and pass such further orders.

2. Heard Mr.Isacc Mohanlal, learned Senior Counsel appearing for Mr.I.Velpradeep, learned counsel for the petitioner, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing on behalf of the respondents 1 & 2 and Ms.M.Sneha, learned Standing Counsel appearing on behalf of the respondents 3 & 4.

3. Mr.Isacc Mohanlal, learned Senior Counsel appearing for the petitioner would submit that the petitioner was working as a Senior Resident in the Department of General Medicine and based upon a representation, he was transferred to the Government Medical College, Tiruppur by proceedings dated 10.06.2022 and thereafter, transferred to the third respondent Medical college by proceedings dated 07.10.2023. He would further submit that the petitioner has been discharging his duties diligently and had been affected with BPPV (Benign Paroxysmal Positional Vertigo) and Migraine forcing him to avail leave by giving prior intimation to the third respondent.

4. On 27.02.2025, due to medical condition he had been little delay and reached Hospital only at 10:20 AM and was not permitted to sign the attendance register on the said date by the respective Medical Officer incharge. In spite of his complaint to the third respondent, the third respondent have not taken any action against the respective Medical Officer concerned. Therefore, the petitioner had submitted an application for leave with one of the staff of the Office of the RMO and left the Hospital.

5. On the next date, he was surprised to find that in the attendance register the same was marked as leave without information. Again on 08.03.2025, due to his illness, the petitioner had to availed permission for an hour and informed the same to the third respondent through whatsapp message. Again on the said date, he was not permitted to sign the attendance register and was marked as absent wit