WP(MD)/30169/2026 of Nandini Kuppusamy Vs The State of Tamil Nadu on 16 October 2026

O R D E R

Challenging the Government order in G.O. (D) No. 1170 of 2026, Health and Family Welfare (A1) Department dated 14.10.2026, the petitioner, who is working as a Professor in the Department of Paediatrics, Madurai Medical College has filed this writ petition. In the said Government order, one Dr.Luke Ravi Chelliah and Dr.M.Jayakumar, Professors of Paediatrics, Government Madras Medical College and Government Medical College, Omandurar have been promoted as Directors and Professors.

2. The petitioner, has already filed a writ petition before this Court in WP(MD) No.14735 of 2026, challenging the seniority panel, dated 13.10.2025. According to the petitioner, she has entered the Department of Paediatrics on 31.07.2015 and her Civil Medical Seniority is 531, whereas, the respondents were about to consider one Luke Ravi Chelliah, whose CML seniority is 719. The petitioner has relied on the Government order in G.O.(Ms) No.354, Health and Family Welfare (B2) Department, dated 23.10.2009 and made out a case that the CML seniority has to be considered for promotion to the post of Director of Paediatrics.

3. The respondents have taken a stand that Dr.Luke Ravi Chelliah/the fifth respondent in this writ petition has entered the Department of Pediatrics on 10.12.2007 and he is serving in the Paediatric Department for the past 18 years. Therefore, considering his period of service in the Department of Paediatrics, the

Government thought of accommodating Dr. Luke Ravi Chelliah as the Director of Paediatrics. The core issue that arises for consideration in the said writ petition is whether the promotion to the post of Director of Paediatrics is to be filled up, on the basis of the Civil Medical List (CML) seniority, or strictly in accordance with the specialised departmental seniority of the Department of Paediatrics.

4. The learned Senior counsel for the petitioner submits that the seniority in the Department cannot be a criteria and CML seniority alone has to be taken into consideration. He further submits that in the absence of any specific guidelines for the post of Director of Paediatrics, the Government has to adopt the guidelines issued in G.O.(Ms) No.354, Health and Family Welfare (B2) Department, dated 23.10.2009, by considering the CML seniority. Since elaborate arguments were advanced on either side, for want of time, this Court could not dispose the writ petition in WP(MD) No.14735 of 2026

filed by this petitioner. A submission has been made by the Additional Advocate General, on behalf of the Government that Dr. Luke Ravi Chelliah is about to retire on 31.10.2026. On this submission of the learned Additional Advocate General, considering his 18 years of service in the Department of Paediatrics, this Court was inclined to lift the interim order, enabling the Department to accommodate Dr. Luke Ravi Chelliah, in the existing vacancy and to decide the issue in the first week of November. Therefore, this Court has passed an order on 14.10.2025 as under:- ‘’The petitioner is senior as per the civil medical seniority list(CML). However, the request of the petitioner for accommodating her as the Director of Paediatrics has been rejected by the Director of Medical Education. As against the same, the petitioner has filed this writ petition. This court while entertaining this writ petition on 03.06.2026 has granted an interim order in the light of the government order in GO.Ms.No.354, Health and Family Welfare (B2) Department, dated 23.10.2019, wherein the government stated that for higher level of posts and the posts in the common pool, the civil medical list seniority will be the basis for promotion.

2. The learned Additional Advocate General appearing for the respondents 1 to 3 submits that this condition is applicable for the post of the Director of Medical Education. But the Director of Paediatrics is a specialised post in the Department of Paediatrics. He further submits that the 5th respondent / one Luke Ravi Chellaiah is the senior in the Department of Paediatrics and he is likely to retire on 30.09.2026 on attaining the age of superannuation. The comparative table is also placed before this court.

3. Whether the civil medical seniority (CML) is to be followed or the seniority in the Department of Paediatrics is to be followed, is to be decided in the writ petition. For want of time and also considering the submission made by the learned Additional Advocate General that the 5th respondent is likely to retire on 30.09.2026, the interim order dated 03.06.2026 is vacated enabling the respondents to accommodate the 5th respondent. For addressing the main issue, list the matter on 03.11.2026 for final disposal, immediately after admission.’

5. While so, this petitioner has filed the present writ petition that taking advantage of the orders of this Court, dated 14.10.2026, the respondents have now promoted one Dr. Jayakumar/the sixth respondent along with Dr, Luke Ravi Chelliah as Directors of Paediatrics at Chennai and Madurai, that too, when this petitioner’s claim for this post is pending in the earlier writ petition filed by her.

6. Admittedly, Dr. Jayakumar, Professor of Paediatrics is senior than this petitioner as per the CML seniority. However, he entered into the service of the Department of Paediatrics only on 28.03.2016, whereas, the petitioner has entered the Department of Paediatrics on 31.07.2015. In the earlier writ petition filed by the petitioner, the Government has taken a stand that the seniority in the concerned Department has to be considered. However, contrary to their earlier stand taken in WP(MD) No.14735 of 2026, now they have accommodated the sixth respondent, Dr.Jayakumar as the Director of Paediatrics, when the writ petitions and the issues are pending before this Court. Therefore, this Court was inclined to grant an order of stay. However, the learned Additional Advocate General requested for a short accommodation to ascertain the possibility of recalling the order as against the said Jayakumar and to report before this Court. At the request of the learned Additional Advocate General, the matter was passed over and taken up again during the afternoon session.

7. When this writ petition is taken up for hearing in the afternoon session, the learned Additional Advocate General submits that they are recalling the order, dated 14.10.2026, insofar as the promotion of Dr. Jayakumar, Professor of Paediatrics is concerned.

8. Recording the aforesaid submission made by the learned Additional Advocate General, this writ petition is closed. The dispute with regard to the Civil Medical seniority (CML) or the seniority in the Department of Paediatrics for promotion to the post of Director of Paediatrics shall be decided in the other writ petition filed by this petitioner and pending before this Court in WP(MD) No.14735 of 2026. No costs. Consequently, connected Miscellaneous petitions are closed.

16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN

To

1. The Secretary, Department of Health and Family Welfare, Fort St. George, Chennai - 600009.

2. The Director of Medical Education and Research 162, EVR Periyar Salai, Kilpauk, Chennai - 600 010.

3. The Dean Government Madurai Medical College and Rajaji Hospital, Madurai - 625 020, Madurai District.

4. Mr.K.S.Kumaravel, Professor, Department of Paediatrics Government Mohan Kumaramangalam Medical College, Salem, Salem District.

5. Mr.Luke Ravi Chelliah, Professor, Department of Paediatrics Madras Medical College / Institute of Child Health and Hospital for Children, Chennai, Chennai District.

6. Mr.M.Jayakumar, Professor of Paediatrics, Government Medical College, Omandurar Government Estate, Chennai, Chennai District.

B.PUGALENDHI, J. vrn Order made in WP(MD) No. 30169 of 2026

and

WMP(MD) Nos.23017, 23018 & 23019 of 2026 16.10.2026