IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI Dr. R. Radhika Petitioner Vs

1. The State of Tamil Nadu Rep. by its Principal Secretary to Government, Health and Family Welfare Department, Secretariat, Fort St. George Chennai – 600 009.

2.The Director of Medical Education Kilpauk, Chennai 600 010.

3.The Director of Public Health and Preventive Medicine, 359, Anna Salai, DMS Complex, Teynampet, Chennai 600 006. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings issued by the 3^rd respondent in R.No 5640074 / PHCS/A3/ 2023 dated 11.12.2023 and to quash the same and consequently directing the respondents to consider the petitioner Voluntarily Retired from Government service with effect form 31.10.2023 by operation of law, in consideration of application submitted by the petitioner dated 28.07.2023 and the consequent Government Letter No 5155064 /B2/2023 - 1 dated 08.09.2023 issued by the 1^st respondent in accordance with Fundamental Rules and to grant with all consequential and other attendant benefits including retirement benefits and regular pension.

For petitioner : Mr.G. Sankaran Senior Counsel for Mr.S. Nedunchezhiyan For respondents : Ms.M. Sneha, Special Counsel Assisted by Mr.K. Tippusulthan Government Advocate

ORDER

This writ petition has been filed seeking quashment of impugned proceedings issued by the 3^rd respondent in R.No 5640074 / PHCS/A3/ 2023 dated 11.12.2023 and for consequential direction to the respondents to consider the petitioner’s request for voluntary retirement from Government Service by considering the petitioner’s application dated 28.07.2023 in line with Government Letter No.5155064 /B2/2023 - 1 dated 08.09.2023 issued by the 1^st respondent in accordance with Fundamental Rules as well as to grant with all consequential and other attendant benefits including retirement benefits and regular pension.

2a. It is stated that the petitioner was appointed as Assistant Surgeon in the Tamil Nadu Medical Service through TNPSC on 20.04.2000. Her services were regularised and probation declared. While in service, she completed DGO in 2005. Thereafter, she completed M.S. (General Surgery) in April 2010 and has since been continuously posted and working only in the Department of General Surgery as Senior Resident / Assistant Professor under the Directorate of Medical Education. She has completed more than 22 years of qualifying service.

2b. Due to family circumstances and health issues, the petitioner submitted an application dated 28.07.2023 seeking Voluntary Retirement with effect from 31.10.2023, through proper channel, along with all required particulars. The 1^st respondent, by proceedings dated 08.09.2023, forwarded the petitioner’s application to the 3^rd respondent.

2c. It is the grievance of the petitioner that no orders were passed by the respondents till the expiry date of notice and subsequently, the 3^rd respondent vide impugned notice dated 11.12.2023 rejected the petitioner’s VRS application on the ground that Obstetrics and Gynecology is a “scarce category”. It is the contention of the petitioner that she is qualified in M.S.

(General Surgery) and has never worked in the Obstetrics and Gynecology Department at any point of time and thus, the impugned rejection order dated 11.12.2023 issued by the 3^rd respondent is unsustainable. Challenging the said order dated 11.12.2023 issued by the 3^rd respondent, this writ petition has been filed.

3. Learned Senior Counsel appearing for the petitioner submitted that the petitioner satisfied the requirements under Fundamental Rule 56(3), having completed the requisite qualifying service. As per FR 56(f), in the absence of any order refusing permission within the notice period, the petitioner is deemed to have retired on the expiry of the notice period. He further submitted th