Dismissed¶44

M. Ramaiah v. The Additional Chief Secretary to the Government

Madras HC3 Mar 2026WP(MD)/5775/2026

Case brief

AI extract

What is this about?

Relinquishment of promotion, once accepted, binds for three years under Section 57, Tamil Nadu Government Servants (Conditions of Service) Act, 2016; belated withdrawal (14.02.2026) after juniors were promoted at the 30.01.2026 counselling held ineffective; impugned acceptance proceedings dated 04.02.2026 upheld; writ dismissed. Madras High Court, Madurai Bench (Mummineni Sudheer Kumar, J.), W.P.(MD) No.5775 of 2026, decided 03.03.2026.

What did the court decide?

The promotion counselling of 30.01.2026, at which the petitioner's juniors participated and were promoted immediately after his relinquishment letter dated 29.01.2026, shows that his request for relinquishment was accepted and acted upon. ¶38

M. Ramaiah Vs The Additional Chief Secretary to the… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Dismissed

¶44

Issue for consideration

Whether the impugned proceedings dated 04.02.2026 (Na.Ka.No.2446/Ni.Pi./2025) accepting the petitioner's relinquishment of promotion can be quashed on the petitioner's contention that his relinquishment request was accepted only after he withdrew it by letter dated 14.02.2026, the proceedings having been communicated to him only on 18.02.2026.

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Court's answer

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Ratio / Principle

In the absence of any allegation of mala fides or antidating of the impugned proceedings dated 04.02.2026, their mere communication to the petitioner on 18.02.2026 does not mean that the relinquishment request remained unaccepted until that date.

¶38

Key takeaways

Once a request for relinquishment of promotion is made and accepted by the authority concerned, it remains in operation for three years in terms of Section 57 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.ratio¶39
The petitioner's contention that his relinquishment request was not accepted till 18.02.2026 cannot be accepted; the Court finds no error or illegality in the impugned proceedings warranting interference.ratio¶43

Detailed headnote1 paragraphs

M.Ramaiah, working as Prosthetic Craftsman Grade-II, relinquished promotion to Prosthetic Technician Grade-II by letter dated 29.01.2026; counselling for two notified vacancies proceeded on 30.01.2026 with his juniors, who were promoted. After G.O.(D) No.168, Health and Family Welfare (J2) Department, dated 10.02.2026 revived six permanent and fifteen temporary posts of Prosthetic Technician Grade-II including one at Madurai, the petitioner sought on 14.02.2026 to withdraw his relinquishment. Challenging the 3rd respondent's proceedings Na.Ka.No.2446/Ni.Pi./2025 dated 04.02.2026 accepting the relinquishment (communicated on 18.02.2026), he filed a writ petition under Article 226 seeking certiorarified mandamus and promotion against the temporary post notified under G.O.Ms.No.168 dated 10.02.2026. The Court held that the promotion of juniors at the 30.01.2026 counselling showed the relinquishment had been accepted and acted upon before the withdrawal; absent any allegation of mala fides or antidating, communication on 18.02.2026 did not imply acceptance had awaited that date; and an accepted relinquishment operates for three years under Section 57 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. Finding no error or illegality warranting interference, the Court dismissed the writ petition with no costs.

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W.P.(MD) No.5775 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.03.2026

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CORAM:

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD) No.5775 of 2026

M.Ramaiah

... Petitioner

-vs-

1.The Additional Chief Secretary to the Government Health and Family Welfare (J2) Department Secretariat, Chennai-600 009

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2.The Director of Medical Education and Research Kilpauk, Chennai-10

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3.The Director Government Institute of Rehabilitation Medicine Chennai-83

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4.The Dean Madurai Rajaji Hospital Madurai020

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... Respondents

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Page 1 of 8

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https://www.mhc.tn.gov.in/judis

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PRAYER:

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W.P.(MD) No.5775 of 2026

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the 3^rd respondent vide his proceedings in Na.Ka.No.2446/Ni.Pi./2025 dated 04.02.2026 and quash the same as illegal and consequently to direct the respondents to promote the petitioner as Prosthetic Technician Grade-II in the temporary post notified under G.O.Ms.No.168, Health and Family Welfare (J2), Department dated 10.02.2026.

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For Petitioner : Mr.V.P.Rajan

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For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader for R1 to R3

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O R D E R

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Heard Mr.V.P.Rajan, learned counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader, who takes notice for the respondents 1 to 3.

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2. While the petitioner was working as Prosthetic Craftsman Grade-II, his case came up for consideration for promotion to the post of Prosthetic Technician Grade-II during the years 2015 – 2016. But, the

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Page 2 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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petitioner, on his own volition, relinquished the said promotion, on the ground that he has undergone open-heart surgery. It was thereafter, the third respondent notified two more vacancies in the post of Prosthetic Technician Grade-II, one at GIRM, K.K.Nagar, Chennai and another one in the Government Mohan Kumaramangalam Medical College and Hospital, Salem, through proceedings dated 27.01.2026 scheduling the counselling to 30.01.2026. As the petitioner's name is found at Serial No.1 in the eligible list, he was communicated about the same and issued with a counselling letter. The petitioner, by his letter dated 29.01.2026, relinquished his promotion to the post of Prosthetic Technician Grade-II. Accordingly, the promotion counselling was conducted on 30.01.2026 by considering the claim of the juniors of the petitioner for the said two posts. While so, the first respondent, through a Government Order in G.O.(D) No.168, Health and Family Welfare (J2) Department, dated 10.02.2026, issued orders reviving six permanent posts and fifteen temporary posts of Prosthetic Technician GradeII, including one post at Madurai. In the light of the same, the petitioner claims to have submitted a letter dated 14.02.2026 withdrawing his earlier request for relinquishment for promotion to the post of Prosthetic Technician Grade-II, on the premise that his request for relinquishment was not accepted by the competent authority by 14.02.2026. However, it was thereafter and on

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Page 3 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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18.02.2026, a copy of the proceedings dated 04.02.2026 bearing Na.Ka.No. 2446/Ni.Pi./2025, was communicated to the petitioner by the fourth respondent accepting his relinquishment through letter dated 29.01.2026. Aggrieved by the said proceedings dated 04.02.2026, the petitioner has approached this Court by filing the present writ petition contending that his request for relinquishment was accepted after the said request for relinquishment was withdrawn by him and therefore, the impugned proceedings cannot be sustained.

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3. On the other hand, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents 1 to 3, submitted that the request for relinquishment submitted by the petitioner on 29.01.2026 was acted upon immediately and accordingly, the petitioner was not allowed to participate in the promotion counselling conducted on 30.01.2026 and his juniors' name were accordingly considered and they were promoted and the impugned proceedings also came to be issued on 04.02.2026 itself, but there was some delay in communicating the same to the petitioner. He also further contended that the question of non-acceptance of the request made by the petitioner does not arise, as the same was acted upon immediately within few days thereafter.

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_____________ Page 4 of 8_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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4. This Court has carefully considered the submissions on either side and perused the entire materials available on record.

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5. Admittedly, the request to withdraw his relinquishment for promotion was made by the petitioner only on 14.02.2026. There is no allegation of whatsoever nature either attributing any mala fides or of antidating the impugned proceedings dated 04.02.2026. In the absence of any such allegation, mere communication of the impugned proceedings dated 04.02.2026 to the petitioner on 18.02.2026 does not mean that the request for relinquishment for promotion was not accepted by the competent authority till 18.02.2026. From the fact that the candidates, who are juniors to the petitioner, were allowed to participate in the promotion counselling and were promoted as early as on 30.01.2026 itself, would show that the request of the petitioner was accepted and acted upon.

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6. Once the request for relinquishment for promotion is made and the same was accepted by the authority concerned, the same would be in operation for a period of three years in terms of Section 57 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016. Perhaps, it is only in the light of the Government Order issued in G.O.(D) No.168, Health and

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_____________ Page 5 of 8_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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Family Welfare (J2) Department, dated 10.02.2026, reviving six permanent posts and fifteen temporary posts of Prosthetic Technician Grade-II, including one post at Madurai, the petitioner, who is located at Madurai, appears to have changed his mind to have the benefit of promotion and to stay back at Madurai and appears to have made a representation dated 14.02.2026 purportedly withdrawing his request for relinquishment for promotion. In the light of the same, the contention of the petitioner that his request for relinquishment for promotion has not been accepted till 18.02.2026 cannot be accepted and this Court does not find any error or illegality in the impugned proceedings, warranting interference of this Court.

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7. Accordingly, this writ petition is dismissed. No costs.

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03.03.2026

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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_____________ Page 6 of 8_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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To:

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1.The Additional Chief Secretary to the Government, Health and Family Welfare

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(J2) Department, Secretariat, Chennai-600 009.

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2.The Director of Medical Education and Research, Kilpauk, Chennai-10.

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3.The Director, Government Institute of Rehabilitation Medicine, Chennai-83.

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Page 7 of 8

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.5775 of 2026

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MUMMINENI SUDHEER KUMAR, J.

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krk

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W.P.(MD) No.5775 of 2026

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03.03.2026

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_____________ Page 8 of 8_

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https://www.mhc.tn.gov.in/judis

Procedural history

How this case reached the court

AI extract

Order under challenge
Proceedings Na.Ka.No.2446/Ni.Pi./2025 dated 04.02.2026 of the 3rd respondent accepting the petitioner's relinquishment of promotion to Prosthetic Technician Grade-II (relinquishment letter dated 29.01.2026); a copy was communicated to the petitioner by the 4th respondent on 18.02.2026.¶19
3rd respondent - The Director, Government Institute of Rehabilitation Medicine, Chennai-83 · 04.02.2026
Prior proceeding
Petitioner, while working as Prosthetic Craftsman Grade-II, was considered for promotion to Prosthetic Technician Grade-II during 2015-2016 but relinquished the promotion on his own volition on the ground that he had undergone open-heart surgery.¶24
Prior proceeding
By letter dated 29.01.2026 the petitioner relinquished his promotion to the post of Prosthetic Technician Grade-II.¶28
Prior proceeding
Third respondent notified two more vacancies in Prosthetic Technician Grade-II (one at GIRM, K.K.Nagar, Chennai and one at Government Mohan Kumaramangalam Medical College and Hospital, Salem) through proceedings dated 27.01.2026 scheduling counselling for 30.01.2026; the petitioner, at Serial No.1 in the eligible list, was issued a counselling letter.¶28
Prior proceeding
Promotion counselling was conducted on 30.01.2026 considering the claims of the petitioner's juniors for the two posts, who were promoted.¶28
Prior proceeding
First respondent issued G.O.(D) No.168, Health and Family Welfare (J2) Department, dated 10.02.2026 reviving six permanent posts and fifteen temporary posts of Prosthetic Technician Grade-II, including one post at Madurai.¶28
Prior proceeding
Petitioner submitted a letter dated 14.02.2026 withdrawing his earlier request for relinquishment of promotion, on the premise that his relinquishment request had not been accepted by the competent authority by that date.¶28
Prior proceeding
On 18.02.2026 the fourth respondent communicated to the petitioner a copy of the proceedings dated 04.02.2026 (Na.Ka.No. 2446/Ni.Pi./2025) accepting his relinquishment of 29.01.2026.¶32

M. Ramaiah v. The Additional Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

M. Ramaiah v. The Additional Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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