The petitioner, dismissed as an Assistant Surgeon for unauthorized absence, filed a writ for pension benefits. The court dismissed the writ, noting dismissal precludes pension and the petitioner's vague explanation was insufficient.
Writ petition dismissed; costs of Rs.25,000 imposed on the petitioner.
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.12792 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD) No.12792 of 2019
Dr.A.Rajarathinam ... Petitioner
-vs-
3.The Dean Government Rajaji Hospital Madurai-625 002 ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to grant the petitioner all pensionary benefits for the continued service of the qualifying service of ten years as Civil Assistant Surgeon in the Medical Department and in the light of the clarification sought for by the third respondent vide her Letter Roc.No. 2636/Ne1/4/2019, dated 06.03.2019, within a time stipulated by this Court.
Page 1 of 4
For Petitioner : No appearance
W.P.(MD) No.12792 of 2019
For Respondents : Mr.M.Ramesh Government Advocate
O R D E R
The petitioner, a Doctor and Assistant Professor of Neurology in the Government Rajaji Hospital, Madurai, deserted his employment and was unauthorizedly absent from 11.12.2003. A charge memo was issued to the petitioner on 15.06.2005. The Inquiry Officer sent three summons to the delinquent officer in 2007 and 2009. Even thereafter, the petitioner did not appear for inquiry and therefore, the Inquiry Officer submitted an ex parte report. Considering the nature of the charges and the fact that upto the date of passing of the Government Order in G.O.(D) No.1241, dated 26.11.2012, the petitioner never reported for duty, he was dismissed from service. After all these, by making vague and casual averments in Paragraph No.2 that due to his ill health and his family circumstances, he could not continue to serve in the Department and for taking treatment, he was forced to be away continuously, the petitioner has filed this writ petition with a prayer to grant pensionary benefits for the the qualifying service period of ten years.
Page 2 of 4
W.P.(MD) No.12792 of 2019
2. Firstly, when the petitioner has been dismissed from service, there is no question of paying pensionary benefits to him. Secondly, without even explaining as to what he was doing and why he neither continued in service nor tendered resignation and if he is away, whether it was within the country or out of the country and whether he was in any other gainful employment or not, the petitioner has filed this writ petition in a casual manner. Therefore, this writ petition is dismissed with a cost of Rs.25,000/(Rupees twenty five thousand only) payable by the petitioner to the respondents.
07.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To:
3.The Dean, Government Rajaji Hospital, Madurai-625 002.
Page 3 of 4
W.P.(MD) No.12792 of 2019
D.BHARATHA CHAKRAVARTHY, J.
krk
W.P.(MD) No.12792 of 2019
07.07.2023
Page 4 of 4
2 issues framed by the court
Whether a petitioner dismissed from service for unauthorized absence is entitled to pensionary benefits for the period up to dismissal.
Whether the petitioner has substantiated his claim regarding reasons for absence without prior explanation.
1 provisions across 1 enactments
Dr. A. Rajarathinam
The Principal Secretary to Government Health and Family Welfare Department
The Director of Medical Education
The Dean Government Rajaji Hospital
D. Bharatha Chakravathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
