ADMINISTRATIVE OFFICER Vs. R.KUMAR

JUDGEMENT

(1.) This writ appeal by the Administrative Officer, Pension Authority, Tamil Nadu State Transport Corporation and two others, is directed against the order dated 30.10.2018 passed in Rev.Aplw.(MD) No.53 of 2018 against the order dated 23.03.2018 passed in W.P.(MD) No.3708 of 2018.

(2.) In this appeal, we shall refer the appellant as "the Management"? and the respondent as "the workman"?.

(3.) The workman was working as Conductor in the second appellant Corporation having been appointed to the said post on 05.11.1987. His services were regularized on 17.12.1988. During 2000, it appears that the workman was referred to the Medical Board in Tirunelveli Medical College Hospital to assess his health condition. Based upon a report submitted by the Dean of Tirunelveli Medical College Hospital, the workman was discharged from service by order dated 17.10.2000, on the ground that he was suffering from Chronic Asthama and the symptoms may aggravate on exposure to allergy (dust). The Management issued notice to the workman, dated 20.09.2000, proposing to discharge him from duties on the ground that he is unfit to discharge duties as Conductor. On receipt of the notice, it appears that the workman gave a reply, in which according to the Management, the workman accepted that he is unfit to discharge duties as Conductor. Consequently, the order of discharge from service was passed on 17.10.2000.