The Madras High Court today held that an employee ousted from the job after turning medically unfit during the service is entitled for all retirement benefits.
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.
"The removal of petitioner's mother on medical advice of the medical board cannot be treated on par with termination of service pursuant to disciplinary proceedings or on account of serious misconduct," the judge said.
He said it was not in dispute that the petitioner's mother could not continue in the service due to her medical conditions.
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.
The benefits should be settled in eight weeks to the heirs of the employees, based on merit, the judge said.
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