Acceptance of relinquishment for promotion is effective until acted upon by authorities as per applicable statutes.

O R D E R

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.

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 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 Grade- II, 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

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writ petition contending that his request for relinquishment was accepted after the said request for relinquishment was withdrawn by him and therefore, the impugned proceedings cannot be sustained.

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.

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

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 anti- dating 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