1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No. 8973 of 2011 MP(MD)Nos.1 and 2 of 2011 R.Murugan ... Petitioner Vs. 1.The Commissioner, Adi Dravidar and Tribal Welfare Department,Chennai. 2. The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul. 3. Tmt.P.Jeyalakshmi 4. Tmt.M.Meenakshi 5. Tmt.A.Chandra ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the entire records pertaining to the order passed by the second respondent vide his proceedings in Na.Ka.No.17788/2011/H3 dated 5.7.2011 and quash the same and consequently direct the second respondent to promote the petitioner to the post of Head Master in his Department at the appropriate place within the time stipulation as prescribed by this Court and pass such any or other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case. For Petitioner : Mr.R.Anand For Respondents 1 & 2 : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R Challenging the order passed by the District Adi Dravidar Welfare Officer, Dindigul District, Dindigul, dated 5.7.2011, in which the respondents 3 to 5 have been promoted to the post of Headmistress in various Government Adi Dravidar Elementary Schools, the petitioner has filed the present Writ Petition. 2. According to the petitioner, all the three private respondents have submitted their requests in writing relinquishing their right from getting promotion to the post of Headmistress, for three years, from the year 2010 to 2011 to the District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul, the second respondent herein. He further submitted that the petitioner’s name is in the seniority list dated 1.3.2010 and consequent to the relinquishment of the private respondents, the petitioner ought to be considered for promotion. It is the further contention of the learned https://hcservices.ecourts.gov.in/hcservices/ 2 counsel for the petitioner that once the official respondents have acted upon the relinquishment, no promotion could be made to the respondents 3 to 5. 3. On 10.8.2011, when the matter came up for hearing, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader was directed to take notice and get instructions relating to the letter of relinquishment, dated 11.6.2010, stated to be given by the private respondents. 4. Today, the learned Additional Government Pleader on instructions submitted that the second respondent disputed the letter, dated 11.6.2010, said to have been given by the private respondents and he has also disputed the relinquishment made by the private respondents 3 to 5 have been acted upon. According to him, no orders were passed accepting the relinquishment and no entry has been made to that effect, in the Service Registers of the abovesaid private respondents. According to him, even assuming a person in writing has relinquished any right or privilege, to which he may be entitled, only the competent authority has to pass an order on such request and mere submission of a letter cannot be construed as relinquishment and for the said reasons, prayed for dismissal of the writ petition. 5. Heard the learned counsel for the petitioner and perused the materials available on record. 6. Rule No. 47 of the Tamil Nadu State and Subordinate Services Rules which reads as follows: 47. Relinquishment of rights by members – (1) Any person may in writing, relinquish any right or privilege to which he may be entitled under these rules or the Special Rules if, in the opinion of the appointing authority, such relinquishment is not opposed to public interest; and nothing contained in these rules or the Special Rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. (2) Relinquishment of a right or privilege for a temporary period shall be accepted if it is made for a period of not less than three years subject to the condition that after the expiry of the said period, the claim of the right or privilege relinquished will be with reference to the state of affairs that exist on the date of expiry of period of relinquishment and without restoration of original seniority. If relinquishment of right or privilege is made permanently and is accepted subsequent claim of the relinquished right or privilege shall not be entertained. Rule 47 of the Tamil Nadu State and Subordinate Services Rules makes it clear that any person may in writing relinquish any right or privilege to which he may be entitled under these rules or the Special Rules. 7. As rightly contended by the learned counsel for the respondents, mere submission of an application under Section 47 of the Tamil Nadu State and Subordinate Services Rules does not amount https://hcservices.ecourts.gov.in/hcservices/ 3 to relinquishment, until the appointing authority passes an order on the said application. The relinquishment of a right or privilege for a temporary period shall be accepted if it is not opposed to public interest and therefore mere submission of a requisition letter to the appointing authority does not amount to relinquishment of a right or privilege to a post and any state or class or category, unless and until an order is passed. A person who submits a relinquishment letter has a right to withdraw the same, before an order is passed. 8. In view of the categorical statement of the official respondents stated supra and of the fact that the petitioner has enclosed only the copies of the relinquishment letters, which are disputed, the petitioner cannot be said to have substantiated his claim for promotion. There is no manifest illegality in the impugned order warranting interference and the writ petition is dismissed. No costs. Consequently, connected M.P.(MD) Nos. 1 and 2 of 2011 are closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Adi Dravidar and Tribal Welfare Department,Chennai. 2. The District Adi Dravidar and Tribal Welfare Officer, Dindigul District, Dindigul. +1cc to the Special Govt.Pleader, Sr.No. 27758 ses ssk/13.09.2011 /4c -3p/- W.P.(MD)No.8973 of 2011 12.8.2011 https://hcservices.ecourts.gov.in/hcservices/