Madras HC Upholds Doctor's Seniority Rights, Says Transfer Date Counts, Not Joining Date

The court, comprising Justice J. Nisha Banu and Justice S. Srimathy, dismissed the writ appeal and upheld the single-bench ruling, stating that the doctor’s seniority should be determined based on her transfer order date rather than her date of joining the new post.

The case, W.A.(MD) No.1366 of 2024, was filed by the Tamil Nadu Directorate of Medical Education and Research and other government bodies against Dr M.K. Bharathi, a medical professional who challenged her improper seniority placement due to delayed transfer execution.

Dr M.K. Bharathi was transferred from Nilgiris Medical College to Virudhunagar Government Medical College through an order dated August 16, 2023. However, despite receiving the transfer order, she was not relieved until October 25, 2023, and subsequently joined her new post on October 26, 2023. In the subsequent transfer counselling process on June 19, 2024, the authorities placed her lower in seniority based on her date of joining rather than her date of transfer order.

The seniority list was crucial in determining her eligibility for a fresh transfer. Dr Bharathi contended that the delay in relieving her from Nilgiris was beyond her control, and hence, she should not be penalized. She argued that her seniority should be counted from August 16, 2023, rather than her actual date of joining on October 26, 2023.

The High Court thoroughly examined the Transfer Counselling Guidelines issued in G.O. (2D) No.131 of 2007 by the Health and Family Welfare Department, which stipulates that;

“For counting station seniority, actual period of duty in the present posting alone will be counted, excluding period spent on leave like Earned Leave, Medical Leave, Extra Ordinary Leave, etc., and period of unauthorised absence.”

The court noted that while the guidelines emphasize counting only the actual period of duty, they do not specifically address situations where a doctor is not relieved on time due to administrative delays. In Dr. Bharathi’s case, she was ready and willing to join her new post immediately, but the delay in issuing the relieving order resulted in an artificial seniority disadvantage.

The court ruled that;

“The valuable right accrued to the writ petitioner cannot be deprived… In the present case, the writ petitioner was granted relieving order which is a belated one. Even according to the appellants, the service of the writ petitioner was necessary, hence the appellant had retained the writ petitioner in Nilgiris and the said decision was taken in the interest of public. But such decision cannot affect the writ petitioner's valuable right of seniority. Further, it is not the mistake of the writ petitioner. Infact the writ petitioner was ready and willing to serve in the transferred post at Virdhunagar. It is because of the appellants belated reliving order the petitioner could not join the service. Therefore, the said period from 16.08.2023 to 25.10.2023 ought to be calculated for seniority. When it is not the mistake of the writ petitioner, the valuable right accrued to the writ petitioner cannot be deprived."

Additionally, the court took into account the newly issued government order, G.O. (D) No.1355 dated December 30, 2024, which introduced a revised clause in the Transfer Counselling Guidelines;

“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.”

The new G.O. clarified that seniority must be based on the date of transfer order, unless there is willful delay on the part of the medical officer in joining the new station. Since Dr Bharathi’s delay in joining was due to administrative lapses and not her own fault, she was entitled to retain her seniority based on her original transfer order date. The Court observed;

"The new G.O. states that seniority can be granted from the date of transfer and not from the date of joining. The proviso clarifies the aforesaid station seniority can be granted from the date of transfer order only if there is no wilful delay on the part of the medical officer. Admittedly in the present case it is not the delay on the part of the writ petitioner, in such circumstances then the date of transfer order alone can be taken into account and not the date of joining."

Subsequently, the Court found no infirmity in the earlier writ petition ruling and dismissed the writ appeal filed by the government authorities. The court reaffirmed that;

“This Court is of the considered opinion the G.O. may be applicable prospectively. Even the earlier G.O. in G.O.(2D).No.131 is in favour of the writ petitioner where it directs to exclude the period spent on leave like Earned Leave, Medical Leave, Extra Ordinary Leave and period of unauthorised absence. In the present case it is not the case of leave at al but it is the case of nonissuance of reliving order by the appellants. In any angle the petitioner is entitled to count the date from 16.08.2023 to 25.10.2023 for calculating seniority for the purpose of transfer counselling..”

Thus, Dr M.K. Bharathi was granted the rightful seniority status, ensuring that her placement in the transfer counselling was corrected. Therefore; the Court was of the considered opinion that;

"The appeal deserves to be dismissed and the order passed in the writ petition is absolutely correct and there is no infirmity. Accordingly, the writ appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed."

To view the original order, click on the link below: