A retired Executive Officer challenged an order denying salary and benefits for 195 days treated as loss of pay. The court found the order valid, noting the petitioner suppressed a prior transfer order and did not join duty there, failing to approach the court with clean hands.
Impugned order dated 04.12.2017 in Na.Ka.No.6365/2015/A7 dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.6557 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2019 CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.6557 of 2018
R.Rajendran
... Petitioner
Vs.
5.The Assistant Director,
Town Panchayat,Madurai Zone,
Madurai District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order dated 04.12.2017 passed in Na.Ka.No.6365/2015/A7 and quash the same and directing the respondents to issue the salary along with all other benefits for the remaining period of 195 days to be treated as unearned leave on medical certificates.
For Petitioner : Mr.K.Suresh Kumar For Respondents : Mr.VR.Shanmuganathan, Special Government Pleader
ORDER
This writ petition is filed challenging the impugned order dated 04.12.2017 passed in Na.Ka.No.6365/2015/A7 by the first respondent and for a direction to the respondents to issue the salary along with all other benefits for the remaining period of 195 days to be treated as unearned leave on medical certificates.
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He was suffering from several diseases like diabetic, hyper tension and heart problem and was taking treatment from 01.01.2012 to 31.05.2012 and availed medical leave on production of medical certificate. While so, on 28.05.2012 he suffered by heart attack and was admitted in Appollo Hospital, Madurai. He underwent surgery on 29.05.2012. He extended his medical leave from 29.05.2012 to 30.06.2012 on production of medical certificate.
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while working as Executive Officer in the fifth respondent office, the first respondent by the proceedings dated 31.12.2011, transferred the petitioner to Kaliyakkavilai Town Panchayat, Kanyakumari District and consequently, the second respondent relieved the petitioner, by his proceedings, on the same day. The petitioner did not join in the transferred place. But, he applied leave to the fifth respondent. The fifth respondent has forwarded the leave application to the first respondent. Again, the petitioner was transferred from Kaliyakkavilai Town Panchayat, Kanyakumari District to Vathirayiruppu Town Panchayat, Virudhunagar District, by the first respondent. The petitioner joined duty on 11.07.2012. After joining the said place, the petitioner applied for medical leave from 17.07.2012 to 30.11.2012, for more than 60 days. Therefore, he was referred to Medical Board. The Medical Board examined the writ petitioner and certified that he is eligible for medical leave from 01.05.2012 to 30.06.2012, 01.07.2012 to 15.07.2012 and 17.07.2012 to 15.09.2012. The third respondent by the order dated 02.06.2014, regularised the leave period from 01.01.2012 to 30.04.2012 and 16.09.2012 to 22.11.2012 as loss of pay and from 01.05.2012 to 10.07.2012 and 17.07.2012 to 15.09.2012 as unearned leave on medical certificate and from 23.11.2012 to 28.11.2012 as earned leave. As per the Government Order in G.O.Ms.No.1119, Personnel & Administrative Reforms (FR.3) Department, dated 28.09.1979, an employee is entitled to 18 months leave on medical certificate. If an employee applied medical leave for more than 60 days, he will be referred to Medical Board and based on the certificate issued by the Medical Board, the employee will be sanctioned medical leave. The certificate of medical board is final. In the present case, the Medical Board certified that the petitioner is not entitled to medical leave from 01.01.2012 to 30.04.2012 and 16.09.2012 to 22.11.2012. Based on the said certificate, leave was regularised for the said period as unearned leave on medical certificate and from 01.01.2012 to 30.04.2012 and 16.09.2012 to 22.11.2012 was regularised as loss of pay. The order of the third respondent was confirmed by the first respondent. The same is valid and legal and prayed for dismissal of the writ petition.
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from Madurai to Vathirayiruppu and he joined duty on 11.07.2012. This shows that the petitioner has not approached the Court with clean hands. Further, the petitioner was applying for medical leave to the fifth respondent. Even though on 01.07.2012, he was transferred from Kaliyakkavilai Town Panchayat to Vathirayiruppu Town Panchayat, Virudhunagar District and he joined duty only on 11.07.2012 at Vathirayiruppu Town Panchayat. After he joined duty, he was referred to Medical Board. The Medical Board certified that the petitioner is entitled for medical leave for the period from 01.05.2012 to 30.06.2012, 01.07.2012 to 15.07.2012 and 16.07.2012 to 15.09.2012. Based on the certificate of Medical Board, the third respondent regularised the leave period and the same was confirmed by the first respondent.
Assistant Registrar (AD-II)
// True Copy //
Sub Assistant Registrar(CS)
To
1.The Director, Town Panchayat,Kuralagam, Chennai-108.
2.The District Collector, Madurai District.
3.The District Collector, Virudhunagar District.
4.The Assistant Director, Town Panchayat, Sivagangai Zone, Sivagangai District.
5.The Assistant Director, Town Panchayat, Madurai Zone, Madurai District. am
W.P.(MD)No.6557 of 2018 01.11.2019
sma(26.11.2019) 4P 6C
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3 issues framed by the court
Whether the impugned order rejecting the petitioner's claim for salary and benefits for the remaining 195 days of medical leave is valid and legal.
Whether the petitioner suppressed a transfer order and thus approached the court without clean hands.
Whether the petitioner was entitled to medical leave for the period deemed as loss of pay by the lower authorities based on the Medical Board certificate.
R.Rajendran
Director, Town Panchayat, Kuralagam
District Collector, Madurai District
District Collector, Virudhunagar District
Assistant Director, Town Panchayat, Sivagangai Zone
Assistant Director, Town Panchayat, Madurai Zone
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
