Case Note & Summary
The appellant, P. Akila, a Secondary Grade Teacher, sought promotion to the post of Primary School Headmaster. She was included in the 2018 panel and participated in counseling but on 20.06.2018 submitted a letter relinquishing her right to promotion for a temporary period of three years. The relinquishment was accepted, and her name was not considered for promotion during that period. The three-year period expired on 16.06.2021. The panel for 2021 was prepared with the crucial date of 01.01.2021. Since the relinquishment period had not expired on that date, her name was not included. She filed a writ petition seeking inclusion in the 2021 panel and promotion on par with her juniors who were promoted on 14.02.2022. The learned single Judge dismissed the writ petition. The Division Bench upheld the dismissal, holding that the appellant voluntarily relinquished her right and cannot claim promotion based on a panel prepared before the expiry of the relinquishment period. The court found no error in the single Judge's order and dismissed the appeal.
Headnote
A) Service Law - Promotion - Relinquishment - Crucial Date - The appellant voluntarily relinquished her right to promotion for three years from 20.06.2018 to 16.06.2021. The panel for 2021 had a crucial date of 01.01.2021, before the expiry of the relinquishment period. The court held that the appellant's name was rightly excluded from the panel as she was not eligible on the crucial date. The temporary relinquishment was accepted and cannot be ignored. (Paras 2-6)
Issue of Consideration
Whether the appellant is eligible for promotion to the post of Primary School Headmaster on par with her juniors on 14.02.2022, based on the panel of the year 2021 (crucial date 01.01.2021), when she had voluntarily relinquished her right to promotion for three years ending on 16.06.2021.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the learned single Judge. No costs. Consequently, connected miscellaneous petitions are closed.
Law Points
- Promotion
- Relinquishment
- Crucial Date
- Panel
- Eligibility
Case Details
2026 LawText (MAD) (06) 190
S. M. Subramaniam, N. Senthilkumar
Mr.G.Sankaran (Senior Counsel for Mr.S.Nedunchezhiyan) for Appellant, Dr.R.Gouri (Government Counsel) for Respondents
The Director of Elementary Education, The District Educational Officer (Elementary), The Block Educational Officer – I
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Nature of Litigation
Writ Appeal against dismissal of writ petition seeking promotion to the post of Primary School Headmaster.
Remedy Sought
Appellant sought inclusion of her name in the panel list of the year 2021 for promotion to the post of Primary School Headmaster and promotion on par with her juniors.
Filing Reason
Appellant's name was not included in the 2021 panel for promotion due to her temporary relinquishment of promotion for three years which had not expired on the crucial date of 01.01.2021.
Previous Decisions
The learned single Judge dismissed the writ petition W.P.No.30518 of 2024 on 25.03.2025.
Issues
Whether the appellant is eligible for promotion based on the 2021 panel when she had voluntarily relinquished her right to promotion for three years ending on 16.06.2021, and the crucial date for the panel was 01.01.2021.
Submissions/Arguments
Appellant argued that she should be considered for promotion on par with her juniors who were promoted on 14.02.2022. Respondents argued that the appellant voluntarily relinquished her right and cannot claim promotion based on a panel prepared before the expiry of the relinquishment period.
Ratio Decidendi
A government servant who voluntarily relinquishes the right to promotion for a temporary period cannot claim inclusion in a promotion panel prepared before the expiry of that period, as eligibility is determined on the crucial date of the panel.
Judgment Excerpts
The short point to be considered in the present appeal is, whether the appellant / writ petitioner is eligible for promotion to the post of Primary School Headmaster on par with her juniors on 14.02.2022, based on the panel of the year 2021 (the crucial date being 01.01.2021).
The temporary relinquishment letter given by the appellant was accepted by the competent authority, and consequently, her name was not considered for promotion for a period of three years.
Since the crucial date for the panel of the year 2021 was 01.01.2021, her name was not considered.
Procedural History
The appellant filed W.P.No.30518 of 2024 before the Madras High Court seeking inclusion in the 2021 panel and promotion. The learned single Judge dismissed the writ petition on 25.03.2025. The appellant then filed the present intra-Court appeal under Clause 15 of the Letters Patent, which was heard and dismissed by the Division Bench on 22.06.2026.
