IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.02.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

1.Sivasandiran 2.G.Hemalatha

3.I.Rajeswari

4.Mery Prathiba

5.Parameswari 6.Mahalakshmi

7.Dhanalakshmi ...Petitioners Vs.

1.The Union of India Rep.by the Secretary to Government (Health)

Government of Puducherry Puducherry.

2.The Director Department of Health & Family Welfare Services Government of Puducherry Puducherry. 3.The Dean Mahatma Gandhi Postgraduate Institute of Dental Sciences Government of Puducherry Instn Gorimedu, Pondicherry.

4.The Under Secretary to Govt. (Health)

Government of Puducherry Chief Secretariat (Health)

Puducherry. ...Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records passed by the 4^th respondent in order No.47/CS/Health/H7/2016 dated 04.03.2016, quash the same and consequently direct the respondent to implement the G.O.Ms.No.7 dated 25.01.2012 which contemplates for stepping up of pay of the Senior Staff Nurses of the Health Department to the petitioners within the time frame and further direct the respondents to pay difference in pay arrears to the petitioners with effect from date of joining of the petitioners to till date along with reasonable interest and to pass. (PRAYER AMENDED VIDE ORDER DATED 16.02.2026 MADE IN WMP.53255/2025 in WP.2019/2017).

For Petitioners : Mr.P.Sudagar For Respondents : Mrs.Sharada Vivek Additional Government Pleader (Pondicherry)

ORDER

The challenge in this Writ Petition is to the order dated 04.03.2016 bearing No.47/CS/Health/H7/2016 issued by the first respondent, whereby the claim of the petitioners, who were working as Staff Nurses, for extension of pay scale on par with the Staff Nurses working in the Government Health Department, came to be rejected.

2. The Government issued a recruitment notification dated 26.09.2003 inviting applications for appointment to the post of Staff Nurses in the Department of Health & Family Welfare Services, Government of Puducherry. Out of 31 posts notified, six posts were to be filled in Mahatma Gandhi Dental College and Hospital, Puducherry. The notification specified the pay scale attached to the post of Staff Nurses as Rs.5000-150-8000 (total emoluments including allowances being Rs.10,265/-). The petitioners submitted their applications pursuant to the said notification and subsequently exercised their option for selection/appointment as Staff Nurses in Mahatma Gandhi Dental College and Hospital, Puducherry. Being eligible and qualified, they were selected and appointed as Staff Nurses in the said institution.

3. While serving as Staff Nurses in Mahatma Gandhi Dental College and Hospital, Puducherry, the petitioners made repeated representations to the respondents seeking rectification of the anomaly in fixation of their pay, contending that the pay scale of Staff Nurses working in the Department of Health & Family Welfare Services was higher than that extended to them, though they were recruited under the same notification, possessed identical qualifications and discharged similar duties. As the representations were not considered, the petitioners approached this Court in W.P. No.39929 of 2015. By order dated 18.12.2015, this Court directed the respondents to consider the representation on its own merits and in accordance with law. Pursuant thereto, the first respondent passed the impugned order rejecting their claim.

4. Mr.P.Sudagar, learned counsel for the petitioners, submitted that the petitioners were appointed pursuant to a common recruitment notification issued by the Government, which also provided for selection and appointment to the post of Staff Nurses in the Department of Health & Family Welfare Services, Government of Puducherry. He contended that not only the Recruitment Rules but also the service conditions applicable to the Government Department had been adopted by the second respondent. Therefore, the refus