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2026 Supreme(Online)(Mad) 86381
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. Pugalendhi, J
Dr. V. Sivaranjani – Appellant
Versus
Director of Medical Education and Research – Respondent
WP(MD)No.9998 of 2025|WMP(MD)Nos.7438, 7439 and 7440 of 2025|WMP(MD)Nos.12875 and 11570 of 2025
For the Appellants/Petitioners: Issac Mohanlal, P.R. Prithiviraj
For the Respondents: C. Jeganathan, M.K. Bharathi
A seniority list revised to comply with a judicial mandate regarding the date of relief for an employee is valid; other employees must establish their own legal grounds for relief rather than challenging the implementation of a court order.
Headnote:(A) Service Law - Seniority - Calculation of Station Seniority - When a court directs that seniority be counted from the date of transfer order rather than the date of joining due to delayed relief, a revised seniority list prepared pursuant to such judicial order is valid and not subject to interference unless the aggrieved party proves similar circumstances. (Para 11, 12)
Issues: Whether the revised seniority list issued pursuant to a judicial order regarding the date of relief for another employee is sustainable.
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned circular made in Ref. No. 000033/E3/1/2024 dated 01.04.2025 along with Intra Directorate TC 2024 - 19.06.2024 - Tentative Seniority List - Pharmacology issued by the 1st respondent and quash the same and consequently, direct the 1st respondent to modify the transfer counseling seniority list dated 19.06.2024 on the basis of the date of transfer order dated 16.08.2023 instead of date of joining i.e., 21.10.2023 of the petitioner.
For Petitioner : Mr.Issac Mohanlal, Senior Counsel, for Mr.P.R.Prithiviraj
For R1 to R5 : Mr.C.Jeganathan, Special Government Pleader
R6 : Mrs.M.K.Bharathi, Party-in-person
ORDER
By consent, this writ petition is taken up for final disposal.
2. The petitioner is an Assistant Surgeon in the Directorate of Medical and Rural Health Services. She was originally working at Government Women and Children Hospital, Poolankuruchi, Sivagangai. In the transfer counselling conducted on 07.08.2023, she was transferred as Tutor in Pharmacology in the 4th respondent College at Erode. Thereafter, in the transfer counselling held on 10.09.2024, she has been transferred on option to the 5th respondent College at Ramanathapuram.
3. Aggrieved by the station seniority in the transfer counselling on 10.09.2024, the 6th respondent has filed a writ petition before this Court in W.P.(MD)No.13792 of 2024 stating that though she was transferred by order dated 16.08.2023, she was relieved only on 25.10.2023 and therefore, she has lost the station seniority. This Court, by order dated 27.06.2024, disposed of the writ petition filed by the 6th respondent, directing the first respondent, namely, the Directorate of Medical Education and Research, Chennai, to modify the transfer counselling seniority list and include the name of the 6th respondent, against the date of her transfer, ie. 16.08.2023, along with those persons, who have been transferred along with her during the earlier counselling.
4. Challenging the order passed in W.P.(MD)No.13792 of 2024, the Department preferred a writ appeal in W.A.(MD)No.1366 of 2024, wherein, a Division Bench of this Court, by order dated 20.02.2025, passed an order that the 6th respondent is entitled to count the date for calculating seniority with effect from 16.08.2023. Ultimately, the writ appeal preferred by the Department was rejected. Thereafter, by the circular impugned in this writ petition dated 01.04.2025, a revised seniority list has been prepared and published by the first respondent. Challenging the same, the petitioner has filed this writ petition.
5. This Court, while entertaining the writ petition, by considering the case of the petitioner that she is senior to the 6th respondent and by way of this revised seniority list, she has been placed behind the 6th respondent, granted an order of interim stay, by order dated 07.04.2025.
6. The 6th respondent has filed a counter affidavit and also filed a petition in WMP(MD)No.11570 of 2025 seeking to vacate the interim stay already granted by this Court.
7. The 6th respondent has appeared as party in person and canvassed her case that the impugned circular of revision of station seniority has been passed, considering the order passed by this Court in W.A.(MD)No.1366 of 2024 dated 20.02.2025.
8. The case of the 6th respondent is that though she has been transferred on 16.08.2023, she has not been relieved purposely till 25.10.2023. Therefore, she has agitated the issue before this Court and this Court has also accepted the case of the 6th respondent and granted the relief, directing the officials to calculate her seniority with effect from 16.08.2023.
9. The learned Senior Counsel appearing for the petitioner submits that the petitioner is senior to the 6th respondent and in the station seniority, which was prepared in the year 2023, the rank of the petitioner is 1
