Madras HC orders State to reinstate transgender nurse, pay salary arrears

CHENNAI: In a major win for the gender inclusivity cause, the Madras High Court has directed the state government to reinstate a transgender nurse as a female nursing assistant and disburse her pending salary within two weeks.

According to a petition filed by S Mani, she was appointed as a male nursing assistant at the Central Prison, Cuddalore, in 2021. In 2024, she underwent a sex reassignment surgery and informed the superintendent of the prison about her gender transition. She was granted leave during her recovery period.

However, after the completion of her leave, Mani was not permitted to resume duty from December 2024 onwards, and consequently, had not received any salary. She submitted a representation, requesting that her salary be released from December 1, 2024, to the present date and that she be deputed to the Government Hospital, Cuddalore, to the vacant post of a female nursing assistant. Her representation was not considered.

During the hearing before Justice GK Ilanthiraiyan, the state government argued that since she changed her gender, it was not possible to accommodate her anywhere.

Rejecting this contention, the court directed the government to depute Mani to the post of female nursing assistant at the Government Hospital, Cuddalore. The court also ordered that all salary arrears owed to her be released within two weeks.