J.Jerome vs The State of Tamil Nadu
- Court
- Madras High Court
WP(MD) No. 30440 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23-10-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
WP(MD) No. 30440 of 2026
CNR:{HCMD011532262026}
AND
WMP(MD) Nos.23263, 23265 and 23267 of 2026
J.Jerome
Casualty Medical Officer,
Department of Emergency Medicine,
Government Kanyakumari Medical College
Hospital, Asaripallam,
Kanyakumari District.
..Petitioner
Vs
1. The State of Tamil Nadu
Rep. by its Principal Secretary,
Department of Health and Family Welfare,
Fort St.George, Chennai-600 009
2. The Director of Medical Education
Kilpauk, Chennai-600 010
3. The Dean,
Government Kanyakumari Medical College
Hospital, Asaripallam, Kanyakumari District.
..Respondents
PRAYER: S-3 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 relating to the impugned transfer
counselling circular issued by the 2nd respondent vide its proceedings in
Ref. No. 55323/E3/1/2026 dated 16.10.2026, in so far as it states station
seniority for the non-parental medical officers, irrespective of their
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speciality, who are occupying the Casualty Medical Officer post at
present, will be calculated from the date of order of present post (L.e.,
Casualty Medical Officer post. Since rationalization has not been
executed till date, they will be placed in their respective speciality after
the parental medical officers for the vacancies in their concerned
Specialities in clause (iii) of paragraph 6, QUASH THE SAME and
further DIRECT the 2nd respondent herein to revise the petitioners
seniority strictly in accordance with clause 5 of the instruction set out
under the circular issued by the 2nd respondent vide his proceedings in
Ref. No. 55323/E3/1/2026 dated 05.08.2026 and in light of the
proceedings issued by the 1st respondent in Letter
No.15261507/B1/2026, dated 21.09.2026, by providing station seniority
to the petitioner in his parent speciality from the date of joining the
present station and to conduct the Intra/ Inter Directorate transfer
counselling for the posts of Assistant Professor/ Tutor/ Senior
Resident/Junior Resident and in all specialities and Casualty Medical
Officers for the year 2026.
For Petitioner: Mr. T.Antony Arul Raj
for Mr.A.Mohamed Ashfalk
For Respondent: Mr.P.Sathish Kumar
Government Advocate (Civil)
ORDER
Heard the learned counsel appearing for the writ petitioner and
learned Government Pleader appearing for the respondents.
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2.The petitioner herein joined the Directorate of Public Health and
Preventive Medicine as Assistant Surgeon (Paediatrics). He was
transferred and appointed as Casualty Medical Officer. He is serving at
Aasaripallam, Kanyakumari District. He has been asked to participate in
the intra-directorate transfer counselling, which is presently on-going.
3.The Department of Paediatrics has prepared a tentative seniority
list. Two lists have been placed before me. In one list, the petitioner is
ranked at Serial No.207. In the other list, he is placed at Serial No.210.
The petitioner had admittedly served in Kanyakumari Government
Medical College Hospital since 26.03.2022. He has served there for 4
years 5 months and 6 days. But persons who have served for lesser
periods in their respective stations have been assigned higher station
seniority. For instance, one Dr.S.Gomathi who is serving in
Thiruvannamalai Medical College and Hospital for hardly 7 months and
26 days has been ranked at Serial No.203/205. The reason for such
ranking is that since the petitioner has not been serving in his parent
department ie., Department of Paediatrics but serving as Casualty
Medical Officer in the Department of Emergency Medicine, the doctors
who are serving in the parent department have been placed ahead and
above the petitioner. In other words, the period of service in a given
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station would not determine one’s seniority. Instead, it hinges on whether
he is serving in the parent department or not. Such a situation has come
about on account of incorporation of clause 6(iii) in the impugned
circular dated 16.10.2026 issued by the Director of Medical Education
and Research. The said clause reads as follows:
“6(iii)The station seniority for the non-parental medical officers
irrespective of their Speciality who are occupying Casualty
Medical Officers post at present will be calculated from the date of
order of present post (i.e.) Casualty Medical Officers post. Since
rationalization has not been executed till date, they will be placed
in their respective specialty after the parental medical officers for
the vacancies in their concerned Specialties.”
According to the learned counsel for the petitioner, the aforesaid clause is
discriminatory and violative of Article 14 of the Constitution of India.
4.In fact, when the Casualty Medical Officers working in the
Department of Emergency Medicine filed W.P.Nos.39359 of 2026 etc.,
batch contending that station seniority must be reckoned based on their
actual period of service in a given station, it was disposed of in the
following terms vide order dated 01.10.2026:-
“All these batch of writ petitions have been filed seeking an
identical relief i.e., to reckon the petitioners station seniority from
26.07.2017, 29.06.2017, 01.11.2019, 06.08.2016, 19.06.2020,
29.07.2016, 13.06.2022, 10.08.2020, 20.06.2018, 05.08.2020 and
20.10.2017 respectively in their parent department and
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consequently accord due priority to the petitioners in the
forthcoming interdepartment transfer counselling by considering
the respective petitioners representations.
2. Earlier, when this matter came up for hearing, the
learned Additional Government Pleader was directed to get
instructions in this regard. Today, when the matter is taken up for
consideration, the learned Additional Government Pleader
produced a copy of the proceedings dated 21.09.2026 and
submitted that the request of the petitioners has been considered
and the relevant paragraph of the said proceedings dated
21.09.2026 is extracted as hereunder:-
“iii. The non-parental Casualty Medical Officers
occupying the posts rationalised under G.O. (Ms) No.19,
Health and Family Welfare (E1) Department, dated
24.01.2026, their station seniority may be protected from
the date of their previous posting order in the concerned
speciality, subject to there being no break in service. The
protection of station seniority above may be extended only
for the purpose of the 2026 Intra Directorate Transfer
Counselling and shall not confer any additional right for
future counselling beyond the normal rules.”
3. In view of the above, the grievance of the petitioners has
been considered and stood resolved in terms of the proceedings
dated 21.09.2026, nothing survives for further adjudication in
these writ petitions and accordingly these writ petitions are
disposed of directing the respondents to follow the proceedings
dated 21.09.2026 while conducting transfer counselling.”
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5.The above order passed in the Principal Seat should have given a
quietus to the issue. But it has not. Instead, the issue has resurrected by
inclusion of the impugned clause in the aforesaid circular.
6.Per Contra, the learned Government Pleader submits that the
petitioner cannot take advantage of the proceedings dated 21.09.2026
extracted supra as they cannot be said to occupy the posts rationalized
under G.O.(Ms).No.19, Health and Family Welfare (E1) Department,
dated 24.01.2026. He further submitted that the counselling process has
considerably progressed and that any intervention at this stage would
needlessly cause confusion by putting the clock back. He also added that
the petitioner voluntarily got transferred as Casualty Medical Officer and
that he wants to stick on to the existing station. He further contended that
a government servant has no fundamental or statutory right to insist that
he would serve only in a given place. He pressed for dismissal of the writ
petition.
7.I have carefully considered the rival contentions and perused the
materials on record.
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8.Vide G.O.(Ms).No.425, Health and Family Welfare Department,
dated 22.10.2020, emergency departments were established in all 25
existing Government Medical Colleges. Earlier, as many as 344 posts of
Casualty Medical Officers were created. Even though G.O.(Ms).No.425,
dated 22.10.2020 made it clear that the Director of Medical Education
was permitted to fill up the posts of Casualty Medical Officer by
transfer/promotion of medical officers from the departments of General
Medicine, General Surgery, Orthopaedics, Anaesthesiology and
Respiratory medicine, the fact remains that the Medical Officers from
other specialities were also transferred and posted as Casualty Medical
Officers. Dr.Jerome, the petitioner herein, who hailed from the
Department of Paediatrics was transferred and posted vide order dated
26.02.2022.
9. While the post of Casualty Medical Officer, also called as
Emergency Medical Officer was already there to manage the emergency
department, four more posts ie., Professor, Associate Professor, Assistant
Professor and ED Secretary were created. The Director of Medical
Education was permitted to fill-up the said posts by transfer/promotion of
Medical Officer from the departments of General medicine/ General
surgery/ Anaesthesia/ Orthopaedics/ Respiratory medicine. Thus, only
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those CMOs/EMOs, who hail from the aforesaid five specialities,
namely, General medicine/ General surgery/ Anaesthesia/
Orthopaedics/Respiratory medicine were considered as parental
CMOs/EMOs. Casualty Medical Officers from other disciplines were
considered as non-parental. Vide G.O.(Ms)No.19 Health and Family
Welfare Department, dated 24.01.2026, the post of CMOs/EMOs were
rationalised and re-designated. Paragraphs 1 to 3 and 6 of the said GO
read as follows:-
“1.In the reference seventeenth cited, the Director of
Medical Education and Research has stated that 344 Casualty
Medical officer posts were sanctioned to Government Medical
College and Hospitals under various schemes vide G.O first to 16th
cited and during the various field inspections by the state officials
to the Emergency Department in Government Medical College and
Hospitals, it was observed that unequal numbers of Casualty
Medical Officer/Emergency Medical Officer from a single
speciality are being posted in various Government Medical College
Hospitals and is not according to the need of the Hospitals. Hence,
to improve the quality of Trauma care services, instructions were
given for rationalisation of Casualty Medical Officer / Emergency
Medical Officer posts in Emergency Department at all Government
Medical College and Hospitals.
2. The Director of Medical Education and Research has
sent the proposal for rationalization of existing 344 Casualty
Medical Officer/Emergency Medical Officer posts in Emergency
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Department sanctioned to Government Medical College and
Hospitals under various schemes. Out of 344 posts of Casualty
Medical Officer / Emergency Medical Officer, 30 posts were
surrendered for creation of new posts to the newly built 1000-
bedded Kalaignar Centenary Super Specialty Hospital, Guindy,
Chennai.
3.The Director of Medical Education and Research has
requested that along with the rationalization of the 314 posts, the
Casualty Medical Officer post may be redesignated as Senior
Resident (General Medicine) Senior Resident (General Surgery)
Senior Resident (Anesthesia) & Senior Resident (Orthopedics) on
roster basis in respect of the Director of Medical Education and
Research institutions.
6. The Government after careful examination have decided
to rationalize the existing 309 Casualty Medical Officer Emergency
Medical posts in Emergency Department sanctioned to 37
Government Medical College and Hospitals vide Government
Order first to sixteenth cited and change the nomenclature of the
Casualty Medical Officer / Emergency Medical Officer posts as
Senior Resident (Level-22-(56100 205700) in respect of 37
Government Medical College and Hospitals and other allied
institutions as detailed in Annexure I to this order. The Government
also direct that these posts shall be filled up with Senior Residents
qualified in Emergency Medicine. If qualified personnel with
Emergency Medicine Specialty is not available, such posts be filled
up from other Specialties as mentioned in the annexure against
each post.”
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10.The aforesaid GO has re-designated the CMOs as Senior
Resident (General Medicine), Senior Resident (General Surgery), Senior
Resident (Anaesthesia) and Senior Resident (Orthopaedics). The
petitioner herein was also a CMO. The said post is no longer in
existence. It has been re-designated into the four categories mentioned
above. But obviously, the petitioner will not fit in any of those four
categories. He now goes back to his parent department of Paediatrics.
But he is placed below those who are already working there. His station
seniority is ranked below those who are already working in the parent
department of Paediatrics.
11.The petitioner no doubt opted to go to the department of
Emergency Medicine. But then, his coming back to the department of
Paediatrics is not on his own volition. It is rather by operation of law. I
am therefore of the view that downgrading the petitioner’s station
seniority by categorising him as a non-parental CMO is arbitrary and
unreasonable.
12.The question as to whether the petitioner can be put to prejudice
on account of developments which are not of his own making can be
easily resolved from another standpoint also. When this issue was
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projected for adjudication in W.P.Nos.39359 of 2026 etc., batch, the
department took the stand that the grievance no longer survives in view
of issuance of letter No.15261507/B1/2026 dated 21.09.2026 issued by
the Secretary to Government, Health and Family Welfare Department.
Attention of the Court was drawn to Paragraph No.2(iii) of the said letter.
The Court felt that the grievance of the writ petitioners stood redressed
and closed the petitions. Having done so, the executive will not be
justified in once again taking the stand that the period of service put in by
the non-parental CMO/EMO will not be taken into account. I am
constrained to observe that the department is not playing fair. The
department chose to avoid adjudication in the earlier round by claiming
that the issue has been resolved. What was buried cannot be given a fresh
lease of life in the form of the impugned circular. Lord Jesus Christ can
rise from the grave. Not departmental circulars issued by mere mortals.
The departmental officials cannot be allowed to over-reach the process of
this Court. They cannot be permitted to pull a wool over judicial eyes.
13.The Government had issued G.O.(2D).No.131, Health and
Family Welfare (A1) Department, dated 20.11.2007, laying down the
guidelines with regard to counselling for transfer and promotion. Clause
10.5 of the said Government Order reads as follows:
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“10.5 For transfer within the Directorate, Station Seniority
will be the criterion for priority whereas in the case of inter
Directorate transfer, service seniority will be criteria for
priority.”
14.G.O.(D)No.1355 Health and Family Welfare Department dated
30.12.2024 added the following clause:-
“Transfer Counselling:
Station seniority shall be calculated from the date of
transfer / promotion orders issued by the Government /
Directorate of Medical Education & Research. This calculation is
applicable only for the purpose of transfer.”
15.Hierarchy of laws is a well-known principle. The Hon’ble
Supreme Court in Ispat Industries Ltd. Vs. Commissioner of Customs
(2006) 12 SCC 583 held as follows:
“… according to the theory of the eminent positivist jurist
Kelsen (The Pure Theory of Law) in every legal system there is a
hierarchy of laws, and whenever there is conflict between a norm in
a higher layer in this hierarchy and a norm in a lower layer the
norm in the higher layer will prevail (see Kelsen's `The General
Theory of Law and State').
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In our country this hierarchy is as follows:
1) The Constitution of India;
2) The Statutory Law, which may be either Parliamentary Law or
Law made by the State Legislature;
3) Delegated or subordinate legislation, which may be in the form
of rules made under the Act, regulations made under the Act, etc.;
4) Administrative orders or executive instructions without any
statutory backing.”
15.In my view, the concept of hierarchy is applicable even to
administrative instructions. The letter written by the Secretary to
Government would occupy a higher rung. The circular issued by the
Director of Medical Education and Research would rank below. It is too
obvious that para 2(iii) of Letter No.15261507/B1/2026 dated 21.09.2026
issued by the Secretary to Government, Health and Family Welfare
Department and the impugned clause 6(iii) of the circular dated
16.10.2026 issued by the Director of Medical Education and Research do
not go together. Since the impugned clause runs counter to the
government letter, it has to be necessarily struck down. The impugned
circular is also repugnant to the government orders which have been
issued under Article 162 of the Constitution of India. The impugned
clause fails to pass muster on this score also. We cannot ignore the
impugned circular on the ground that it is not law within the meaning of
Article 13(3)(a) of the Constitution of India. This is because the
petitioner’s service rights are prejudiced only by invoking the impugned
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circular. Since we have found that the impugned clause in the circular
are not in consonance with the government letter dated 21.09.2026 and
government orders dated 20.11.2007 and 30.12.2024, the impugned
clause is declared as invalid.
16 . This writ petition stands allowed. The department will conclude
the counselling proceedings, if necessary by redrawing the proceedings
on the footing that the offending clause was never there. No costs.
Consequently, connected miscellaneous petitions are closed.
23-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Rmk/ias
Issue order copy on 28.10.2026.
Note: The learned Government Pleader is directed to
inform the authorities concerned that this offending
clause has been quashed. The authorities shall act on
the said information without waiting for the certified
copy of the order.
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To
1. The Principal Secretary,
Department of Health and Family Welfare,
Fort St.George, Chennai-600 009
2. The Director of Medical Education
Kilpauk, Chennai-600 010
3. The Dean,
Government Kanyakumari Medical College Hospital,
Asaripallam,
Kanyakumari District.
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WP(MD) No. 30440 of 2026
G.R.SWAMINATHAN J.
RMK/IAS
WP(MD) No.30440 of 2026
23-10-2026
(1/2)
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