SILAMBAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the second respondent to consider the letter of resignation dated 20.12.2010 and pass orders immediately relieving the writ petitioner from the services of the Government of Tamil Nadu with effect from 20.12.2010.

(2.) The writ petitioner joined the Tamil Nadu Medical Services during the year 1993 and was served as Tutor in the Department of Anesthesiology at General Hospital, Chennai till the year 2010. The writ petitioner states that his mother, who was aged 64 years old as of the year 2010, was suffering from Kyphoscolious, Parkinson disease and Osteoporosis and his father Dr.T.Ramamurthi M.D. D.C.H. (Pediatrician), aged about 71 years, during the relevant period, was also suffering from age related diseases. The writ petitioner states that he had to look after his aged parents and he could not able to attend the public duty regularly. The writ petitioner was also suffering from chronic back pain and was not able to render his services.

(3.) Under these circumstances, the writ petitioner submitted the letter of resignation on 20.12.2010, requesting the second respondent to relieve him from the services of the Government of Tamil Nadu. The writ petitioner had not received any information and no orders had been passed during the relevant point of time. Under these circumstance, the writ petitioner received the letter dated 25.12.2011 from the second respondent, seeking explanations from the writ petitioner for not having passed the prescribed examination and for the unauthorised absence from duty with effect from 1.3.2011 onwards. The writ petitioner states in his affidavit that he was under the impression that his resignation letter was accepted by the second respondent and he had been relieved from service with immediate effect.