Madras High Court
Dr. O. Chandran Mbbs vs The Director Of Medical And Rural Health ... on 19 September, 2025
W.P.(MD) No.18272 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On : 08.08.2025
Pronounced On : 19.09.2025
CORAM:
THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE
W.P. (MD) No.18272 of 2018
Dr. O. Chandran MBBS, MD(General Medicine)
Assistant Surgeon
Government District Head Quarters Hospital,
Usilampatti, Madurai District ... Petitioner
Vs.
1.The Director of Medical and Rural Health Services
DMS Complex 3rd Floor, Anna Salai Teynampet
Chennai – 600006.
2. The Director of Public Health and Preventive Medicine
DMS Complex 3rd Floor,
Anna Salai Teynampet
Chennai- 600006.
3. The Joint Director of Health and Rural Services,
Madurai @ Usilampatti
Madurai District. ... Respondents
PRAYER:
To issue a Writ of Certiorarified Mandamus or any other
appropriate Writ, Order or Direction in the nature of a Writ, calling for
the records relating to the impugned order issued by the 2nd respondent
herein in 2nd respondent herein in R.No.8736/E5/A2/2012 dated
1/6
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W.P.(MD) No.18272 of 2018
14.07.2018, quash the same, and further direct the respondents herein to
regularize the service of the petitioner forthwith from 08.08.2008
onwards with all monetary benefits and other attendant benefits, and pass
such further or other suitable Order / Orders as this Hon’ble Court may
deem fit and proper in the circumstances of the case, thus render Justice.
APPEARANCE OF PARTIES:
For Petitioner : Mr.E.V.N.Siva
For Respondents : Mr.J.Ashok,
Additional Government Pleader
JUDGMENT
Heard.
2. The Petitioner, a retired Assistant Surgeon, seeks regularization
of his services shortly before his retirement. By now, he has already
attained the age of superannuation and is no longer in service. In this writ
petition, the Petitioner challenges the order passed by the 2 nd Respondent
on 14.07.2018. That order itself was issued pursuant to the direction of
this Court in W.P.(MD) No. 9531 of 2018, dated 26.04.2018.
3. Consequent to the aforesaid direction, the 2nd Respondent
issued the following order:-
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“Attention of the petitioner is invited to the
reference first cited wherein the Hon’ble Madurai Bench
of Madras High Court have directed “that the respondents
one and two are directed to consider the request of the
petitioner dated: 19.02.2018 as forwarded by the third
respondent vide proceedings dated: 09.03.2018 regarding
the plea of the petitioner for regularization of his services
based on his completion of the Special Qualifying
Examination 2009 conducted by Tamil Nadu Public
Service Commission and pass Orders thereon on merits
and in accordance with Law”
In this connection it is informed that it is not feasible to
regularize the services until the Genuineness report / final
orders of the case P.S.cr.No. 381/2007 pending against
the individual is received.”
4. The Petitioner did not dispute the pendency of the criminal case.
In paragraph 8 of the affidavit, he has stated as follows:-
“8. I humbly submit that before entering into service, I
was functioning as one among the 13 Managing Committee
Members in a registered society namely Kallar Kalvi
Kazhagam, Usilampatti bearing Registration No.138 of
1967 and in view of the rival claim in the society, false case
was registered against the all the office bearers of the
society based on the FIR No. 381/2007 dated 01.11.2007
and I am arrayed as 9th accused therein and the same is now
pending as Criminal case in CC No.209/2011 on file of
District Munsif cum Judicial Magistrate No.1, Usilampatti
the and the above CC has been stayed by the Hon’ble
Madurai Bench of Madras High Court at the instance of
other accused and the said criminal case has no connection
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whatsoever with my service and therefore the 2nd respondent
herein cannot cite the said criminal case which has no
relevance regarding regularization of my service....”
5. It must be observed that merely obtaining a stay from this Court
does not nullify the criminal case pending against the Petitioner. The
Petitioner must either have the proceedings quashed or, if the trial results
in conviction, establish his innocence in accordance with law. In the writ
petition, notice was issued to the Respondents on 23.08.2018. Pursuant
to the notice, the Respondents filed a counter affidavit dated 28.09.2018,
wherein it was stated that the department had been regularly addressing
communications to the Government Pleader, Madurai Bench of the
Madras High Court, regarding the pendency of P.S. Crime No. 381/2007.
6. Even after a lapse of seven years, the Petitioner has not been
able to state the outcome of the criminal case. However, he was
permitted to retire by order dated 28.06.2024, solely on the ground that
no disciplinary proceedings were pending against him and no
recoverable dues remained. It was also expressly stipulated that his
retirement would be subject to the result of the writ petition.
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7. In the above circumstances, no ground has been made out to
interfere with the impugned order. It is clarified that upon conclusion of
the criminal proceedings, the Petitioner is at liberty to approach the
Government for a review of the order, and the authorities may, if
warranted, pass appropriate orders afresh. With these observations, the
writ petition is dismissed. No costs.
19.09.2025
Index: Yes / No
Speaking Order / Non-speaking Order
Neutral Citation : Yes / No
LS/ay
Copy to:
1.The Director of Medical and Rural Health Services
DMS Complex 3rd Floor, Anna Salai Teynampet
Chennai – 600006.
2. The Director of Public Health and Preventive Medicine
DMS Complex 3rd Floor,
Anna Salai Teynampet
Chennai- 600006.
3. The Joint Director of Health and Rural Services,
Madurai @ Usilampatti
Madurai District.
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DR. A.D. MARIA CLETE, J.
LS
Pre-delivery Judgment made in
19.09.2025
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