Justice S S Sundar of the Madurai bench of the high court gave the ruling while allowing a petition by one S Vijayalakshmi, whose mother had been dismissed from the service after becoming medically unfit while in job.
She was relieved from the service on February 17, 2012 on a medical board report. She had later passed away on March 13, 2012.
Justice Sundar said the government counsel, except for relying on an official letter, had not produced before the court any rule or the government order (GO), preventing her from getting monetary or retirement benefits if relieved from the service on medical grounds.
He said it was not in dispute that the petitioner's mother could not continue in the service due to her medical conditions.
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Under the circumstances, the government cannot ignore the service benefits of the petitioner's mother corresponding with the period of service, he said.
The court directed that the application be considered on merit by treating the petitioner's mother, who was an assistant with the Tamil Nadu's Children Welfare Department, as an employee who died in service, for the purpose of giving retirement benefits.
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