Court dismissed the petition for extension of joining time due to lack of special circumstances as per statutory provisions.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.06.2025 CORAM THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN WP.No.16110 of 2025 S.TamilSelvan ... Petitioner Vs.

1. The Principal Secretary, Health and Family Welfare Department, Secretary, Chennai-600 009.

2. The Director, Directorate of Public Health and Preventive Medicine Teynampet, Chennai-600 006.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to extend the time for reporting and joining in duty for the petitioner at Government Primary Health Centre, Adhanur, Thanjavur Health Unit District pursuant to the appintment and posting order issued by 1st Respondent R.No.9042223/E5/A3/2024-1912 dated 25.02.2025.

For Petitioner : Mr.K.Bharathi For Respondents : Mr.E.Sundaram Government Advocate *****

O R D E R

The instant writ petition has been filed seeking the relief of writ of Mandamus, directing the first respondent to extend the time for reporting and joining in duty for the petitioner at Government Primary Health Centre, Adhanur, Thanjavur Health Unit District pursuant to the appintment and posting order issued by 1st Respondent R.No.9042223/E5/A3/2024-1912 dated 25.02.2025.

2. Heard Mr.K.Bharathi, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner has joined MBBS course in the Government Sivagangai Medical College 2013-2019 and thereafter, he completed MD Course in Vellore Medical College between 2020-2023. In the meanwhile, through NEET SS counselling, the petitioner joined DM Critical Care Medicine Course in the year 2023. When he was studying in DM Critical Care Medicine, he participated in the examination for 2^nd year Post Graduation in MRB examination. It is the specific submission of the petitioner that he is now III year in the DM Critical Care and therefore, he seeks extension of six months time to join temporary appointment.

4. The contention was stoutly objected by the learned Government Advocate and would contend that in a similar circumstance, in WP.No.8727 of 2025 this Court rejected the application. For ready reference, this Court deems it appropriate to extract paragraphs 4 to 7 in the above order:-

“4.The learned Single Judge while examining the issue had arrived at an opinion that the proviso to Section 7(5) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 provides for extension of time limit upto six months for valid reasons and in special circumstances.

5.The provision indicates two separate facts to be considered.

One, the circumstances must be special and the reason must be valid. Insofar as the petitioner is concerned, even on the date when the petitioner had applied for the post of Assistant Surgeon (General), the petitioner would have known that even if selected, he would never be in a position to join duty. He was doing his Post Graduation in Sree Mookambika Institute of Medical Sciences, Kanyakumari District. If, this fact had been disclosed to the respondents, they would have taken a considered decision to either appoint the petitioner or activate the reserve list and appoint any other deserving candidate. The petitioner has already enjoyed the benefit of doing Post Graduation and had kept quiet and later, when the appointment order had been issued, now seeks advantage of the proviso to Section 7(5) of the aforementioned Act and states that the respondents must grant exemption and extend the time of joining.

6.The learned Single Judge had placed his observation on the aforesaid provisions of law. But the said prov