R.Rajendran vs The Director
2023 Latest Caselaw 13613 Mad

                                                                  W.A.(MD) No.297 of 2020



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.10.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       and
                                  THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN


                                              W.A.(MD) No.297 of 2020

                 R.Rajendran                                                    ... Appellant
                                                        -vs-

                 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                               ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the

                 order, dated 01.11.2019, passed in W.P.(MD) No.6557 of 2018, on the file of

                 this Court.

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                                                                          W.A.(MD) No.297 of 2020




                                   For Appellant     : Mr.K.Suresh Kumar

                                   For Respondents   : Mr.T.Amjadkhan
                                                       Government Advocate



                                                         JUDGMENT

[Judgment of the Court was made by S.M.SUBRAMANIAM, J.]

This writ appeal is directed against the order of the learned Single

Judge, dated 01.11.2019, passed in W.P.(MD) No.6557 of 2018.

2. The appellant joined as part time Panchayat Clerk at

Bodinaickanpatti Village Panchayat, Madurai District, on 01.03.1978. After

promotion to the posts of Junior Assistant and Assistant, he was allowed to

retire from service as Executive Officer on 30.06.2014, after rendering 33

years of service. The appellant states that he had applied for medical leave,

which was partly considered by the Medical Board and partly rejected on the

ground of genuinity of sick suffered by him. It is not in dispute that the

appellant was transferred from Kaliyakkavilai Town Panchayat to

Vathirayiruppu Town Panchayat, Virudhunagar District and he had not

immediately joined the duty, but, he joined on 11.07.2012 at Vathirayiruppu

Town Panchayat. After joining in the transferred place, he was referred to

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.297 of 2020

Medical Board for examination and the Medical Board granted medical leave

for the period from 01.05.2012 to 30.06.2012, 01.07.2012 to 15.07.2012 and

17.07.2012 to 15.09.2012. Therefore, the competent authority sanctioned the

medical leave based on the report of the Medical Board. The Medical Board

being an expert body, examined the appellant and submitted a report. High

Court cannot substitute its opinion or interfere with the medical opinion. As

per the report of the Medical Board, medical leave facilities were extended to

the appellant and therefore, he is not entitled to claim any further benefit of

medical leave as per the Leave Rules in force. Thus, we do not find any reason

to interfere with the findings of the learned Single Judge.

3. Accordingly, this writ appeal is dismissed. No costs.

                                                             [S.M.S., J.]          [V.L.N., J.]
                                                                        06.10.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




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https://www.mhc.tn.gov.in/judis W.A.(MD) No.297 of 2020

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.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.297 of 2020

S.M.SUBRAMANIAM, J.

and V.LAKSHMINARAYANAN, J.

krk

W.A.(MD) No.297 of 2020

06.10.2023

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https://www.mhc.tn.gov.in/judis