IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-03-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA S.Surya Kumar S/o.S.Sundaram, Prosthetic Technician Grade II, Department Of Physical Medicine And Rehabilitation, Government Kilpauk Medical College Hospital, Kilpuak, Chennai 600010.

..Petitioner(s)

Vs

1. The State of Tamil Nadu The Additional Chief Secretary To Government, Health And Family Welfare Department, Secretariat, Chennai 600009.

2. Directorate Of Medical Education And Research, Kilpauk, Chennai 600010.

..Respondent(s)

PRAYER : Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the respondents to grant promotion from the date of issuing the panel with monetary benefits to the petitioner as Prosthetic Technical Grade I in the existing vacancy at Government Kilpauk Medical College and Hospital Chennai based on the panel drawn for the years 2023-2024.

For Petitioner(s): Mrs.N.Kavitha Rameshwar For Respondent(s): Ms.Sneha, Special Counsel

ORDER

The petition has been filed by the petitioner seeking a direction to the respondents to grant a promotion to him from the date of issuing the panel with monetary benefits as Prosthetic Technician Grade -I in the existing vacancy at Government Kilpauk Medical College and Hospital, Chennai, based on the panel drawn for the year 2023-2024.

2. The brief facts which are culminated in the filing of this writ petition are set out below:

2.1. The petitioner would submit that he had entered into government service on 25.02.1987 and as per the panel 2014-2015, he was promoted as Prosthetic Technician Grade II, in which, he is currently working at the Government Kilpauk Medical College and Hospital. The petitioner would submit that he has become eligible for promotion to the post of Prosthetic Technical Grade I.

2.2. While so, the second respondent, who is an appointing authority, by a circular dated 18.02.2023, had directed the Deans of the Institution to furnish the particulars in respect of Prosthetic Technical Grade II Candidates working under their control for the inclusion in the panel for the post of Prosthetic Technical Grade I for the panel year 2023-2024. After receiving the particulars, the second respondent sought for clarification from the first respondent with regard to revival of the posts which have been kept vacant for over three years though there was no bar for filling promotional posts. It is the case of the petitioner that though the posts are vacant from 2015 and 2020, the second respondent had taken steps to fill up the posts by promotion only in the year 2023, thereby, denying promotional benefits for all these years.

2.3. The first respondent, by proceedings dated 13.06.2023, had clarified that the permanent post of Prosthetic Technical Grade I was created vide G.O.Ms.No.306, Health and Family Welfare (E1) Department dated 31.10.2012. This post was vacant from 31.10.2020 in Government Kilpauk Medical College and Hospital, Chennai. The first respondent, therefore, directed the second respondent to take action as per the instructions issued in G.O.Ms.No.382, Finance (CMPC) Department dated 24.10.2022, since the revival for vacant posts beyond three years is only with reference to the entry level vacant posts. It is the contention of the petitioner that he does not belong to the entry level post and therefore, revival is not required for the same. Therefore, he had made a representation dated 16.06.2023 requesting the second respondent to promote him as Prosthetic Technician Grade I as there are two vacancy available and he has experience of 36 years in Government service.

2.4. The petitioner would submit that the second respondent had thereafter, prepared the panel for the year 2023-2024 for the post of Prosthetic Technician Grade I, in which, the petitioner’s name featured in Serial No:2 and the candidate who was mentioned in Serial No:1 namely Usharani had attained superannuation in the year 2024 and therefore, as