2019 Supreme(Mad) 329
S.M.SUBRAMANIAM
Silamban – Appellant
Versus
Government of Tamil Nadu, Represented by its Principal, Secretary, Health and Family Welfare Department, Secretariat, Chennai – Respondent
Advocates:
Advocate Appeared:
For the Petitioner:N.R. Chandran, Senior Counsel, Rajnish Pathiyil, Advocate.
For the Respondents:Narmadha Sampath, Additional Advocate General Assisted by R.S. Selvam, Government Advocate, V. Kathirvel, Special Government Pleader.
Judgement Key Points
- The writ petition seeks a direction to the second respondent to consider the petitioner's resignation letter dated 20.12.2010 and relieve him from service with effect from that date. (!) [21001319710001]
- Petitioner joined Tamil Nadu Medical Services in 1993 as Tutor in Anesthesiology at General Hospital, Chennai, and cited family health issues and personal back pain as reasons for resignation on 20.12.2010. [21001319710001][21001319710002]
- No response or orders were received on the 2010 resignation; later, a notice dated 25.12.2011 was issued for failing examinations and unauthorized absence from 1.3.2011, leading to passport issues. [21001319710002][21001319710003]
- Petitioner argued resignation was deemed accepted due to no decision, and right to resign cannot be denied; no disciplinary action initiated. [21001319710004][21001319710005]
- Respondents contended 2010 resignation not received, petitioner on unauthorized absence after medical leave, invested public money in PG Diploma, notices issued but ignored. [21001319710006][21001319710007][21001319710008][21001319710009]
- Second resignation dated 17.12.2018 forwarded, but petitioner visited abroad without permission. [21001319710009]
- Petitioner's absence constitutes misconduct under service rules and Medical Council regulations, especially after government-funded specialty training. [21001319710010][21001319710011]
- Court held 2010 resignation lacks proof (no seal, acknowledgment, or reference in proceedings); not responded to in 2011 notice; sanctity doubted. [21001319710012][21001319710013][21001319710014]
- Petitioner bound by service rules, MCI regulations; trend of doctors exploiting government resources then leaving criticized. [21001319710015][21001319710016][21001319710017][21001319710018]
- Doctors undertaking government-funded PG must serve public; commercialization and neglect violate constitutional duties under Arts. 38, 39(e), 21. [21001319710019][21001319710020][21001319710021][21001319710022]
- Section 50, Tamil Nadu Government Servants (Conditions of Service) Act requires 3 months' notice, acceptance not automatic, subject to conditions like no pending discipline, dues, or contractual obligations. [21001319710024] (!) (!) (!) (!) (!) (!) (!) (!) (!) [21001319710027][21001319710028][21001319710029][21001319710030][21001319710031]
- Resignation acceptance discretionary based on facts; prevents exploitation of public resources. [21001319710023][21001319710031][21001319710032][21001319710033]
- MCI Code of Medical Ethics emphasizes service to humanity, duties as citizen, prohibits unethical acts like neglect. (!) (!) (!) (!) [21001319710024][21001319710025][21001319710026]
- Writ petition dismissed; no relief on 2010 resignation. [21001319710030][21001319710043] (!)
- Directions: initiate disciplinary action under TN Civil Services (D&A) Rules; lodge complaint with Medical Council of India for misconduct; constitute Monitoring Committee for doctor attendance/performance; recover costs from violators. (!) (!) (!) (!) [21001319710043]
- Broader concerns: irregular doctor attendance causes patient deaths, denies Art. 21 rights; government must ensure facilities, cleanliness, staff; doctors' private practice while neglecting duty is misconduct. [21001319710041][21001319710037][21001319710038][21001319710039][21001319710040][21001319710042][21001319710054][21001319710036]
JUDGMENT :
1. The relief sought for in the present writ petition is for a direction to direct the second respondent to consider the letter of resignation dated 20.12.2010 and pass orders immediately relieving the writ petitioner from the services of the Government of Tamil Nadu with effect from 20.12.2010.
2. The writ petitioner joined the Tamil Nadu Medical Services during the year 1993 and was served as Tutor in the Department of Anesthesiology at General Hospital, Chennai till the year 2010. The writ petitioner states that his mother, who was aged 64 years old as of the year 2010, was suffering from Kyphoscolious, Parkinson disease and Osteoporosis and his father Dr.T.Ramamurthi M.D. D.C.H. (Pediatrician), aged about 71 years, during the relevant period, was also suffering from age related diseases. The writ petitioner states that he had to look after his aged parents and he could not able to attend the public duty regularly. The writ petitioner was also suffering from chronic back pain and was not able to render his services.
3. Under these circumstances, the writ petitioner submitted the letter of resignation on 20.12.2010, requesting the second respondent to relieve him from the
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