DISTRICT FOREST OFFICER MUDURAI DIVISION Vs. P GANESAN

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the order of the deputy Commissioner of Labour, Madurai in W. C. No. 67 of 1991 dated 15. 3. 1994.

(2.) THE brief facts necessary for the disposal of the writ petition as stated in the affidavit are that the respondent No. 1 was appointed as a forest guard on 22. 10. 1979 and he worked as such till 7. 3. 1986. While he was working as the forest guard in My-ladumparai beat of Gandamanur Range of madurai Division from 27. 1. 1986, he had applied for medical leave on 8. 3. 1986 and 9. 3. 1986 and, thereafter, he extended his leave. The petitioner had referred his case to the Medical Board, Government Rajaji hospital, Madurai and on 11. 7. 1986, the medical Board has examined him and gave a certificate stating that respondent No. 1 was suffering from tuberculous meningitis and physically handicapped and also having defect in vision. The respondent No. 1 again applied for further medical leave up to 22. 9. 1987 and the Medical Board again examined him on 19. 9. 1987 and gave a certificate that there is no progress in his vision and, therefore, he is unfit to work as forest guard. Hence, respondent No. 1 was compulsorily retired from service by an order dated 22. 9. 1987, on medical grounds, with effect from 19. 9. 1987 as per rules 36 and 43 of the Tamil Nadu Pension Rules, 1978. According to the petitioner, respondent No. 1 was not eligible to get pension and, therefore, he was given D. C. R. G. , which was received by him and his request for reappointment was rejected as he was not physically fit. The respondent No. 1 submitted a claim petition before the Deputy Commissioner of Labour, Madurai, impleading the District Forest Officer, madurai and District Collector, Madurai as respondent Nos. 1 and 2 respectively claiming compensation in W. C. No. 67 of 1991.

(3.) THE said case was contested by the petitioner herein. However, the Deputy commissioner of Labour, Madurai, passed an award granting payment of Rs. 95,789. The said amount was directed to be paid within 30 days, failing which, to pay 6 per cent interest per annum from the date of termination of service, i. e. , 22. 9. 1987. The said award of respondent No. 2 made in w. C. No. 67 of 1991 dated 15. 3. 1994, was challenged before the Tamil Nadu State administrative Tribunal by the writ petitioner and obtained interim stay in O. A. No. 4689 of 1994.