Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 44343

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Tamilselvi M – Appellant
Versus
Director Of Medical Services – Respondent
W.P.No. 15416 of 2026

Advocates:
For the Appellants/Petitioners: V.K.Sathiamurthy
For the Respondents: E.Sundaram

A writ of mandamus for reinstatement cannot be granted when the primary grievance involves challenging a prior termination order which requires a substantive legal challenge rather than a mere direction to consider a representation.

Headnote:The petitioner filed a writ petition under Art. 226 of the Constitution of India seeking a writ of mandamus to direct the respondent to consider a representation and reinstate her as an ASHA worker. The petitioner alleged her termination was motivated by her refusal to perform non-official tasks. The court examined the facts and noted the termination occurred in December 2025. The core issue was whether a writ of mandamus could be issued to reinstate the petitioner. The court observed that the relief could not be granted in the existing petition as the status of the petitioner had already been terminated months prior to the filing of the petition. The court disposed of the writ petition, granting the petitioner liberty to challenge the termination in the appropriate legal forum.

Table of Content
1. summary of employment history and allegations surrounding the termination of the service. (Para 2 , 3 , 4)
2. court's finding that the relief of reinstatement is inappropriate for a writ of mandamus and requires a direct challenge to the termination. (Para 5 , 6)

O R D E R

This writ petition is filed for the following relief:

“To direct the 1^st respondent to consider the representation dated 25.02.2026 and set aside the oral order passed by the 3^rd respondent and reinstate the petitioner as ‘ASHA’ worker under the National Health Mission.”

2. The petitioner was engaged as an ASHA (Accredited Social Health Activist) worker in the year 2015. The petitioner performed her duty to the satisfaction of her superiors. The petitioner had put in more than 11 years of service and she had been working under various Medical Officers.

3. The case of the petitioner is that the staff nurse had made the petitioner to do household work. Since the petitioner refused to do the same, the said staff nurse with an ulterior motive influenced the Medical Officer, which led to stoppage of the petitioner’s work.

4. The petitioner would submit that it is only source of her income. Therefore, the petitioner made a representation to the respondents seeking to reinstate her in service. Since there is no response, the petitioner is before this Court.

5. The learned Government Advocate would submit that the petitioner’s service has been terminated in the month of December

2025 and the relief claimed by the petitioner cannot be granted.

6. Heard the learned counsels on the either side and perused the records.

7. The relief claimed in this writ petition is for a mandamus to the

1^st respondent to consider the representation dated 25.02.2026 and to reinstate the petitioner as ASHA worker. The said relief cannot be granted in the light of the fact that the petitioner has been terminated as early as in the month of December 2025.

8. In view of the above, this writ petition is disposed of.

However, liberty is granted to the petitioner to challenge the termination in the manner known to law. No costs.

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2026 Supreme(Online)(Mad) 44343

IN THE HIGH COURT OF JUDICATURE AT MADRASP.T. Asha, JTamilselvi M – AppellantVersusDirector Of Medical Services – RespondentW.P.No. 15416 of 2026

A writ of mandamus for reinstatement cannot be granted when the primary grievance involves challenging a prior termination order which requires a substantive legal challenge rather than a mere direction to consider a representation.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. Asha, J
Tamilselvi M – Appellant
Versus
Director Of Medical Services – Respondent
W.P.No. 15416 of 2026