SAMBAJI RAO BAGADE Vs. BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) THE above applications have been filed under Section 19 of the Administrative Tribunals Act, 1985 challenging the legality and propriety of Order No. Q -604/2009 -10/02 dated 15.2.2010 (Annexure. A3) and Order No. Q -847/2011 -12/04 dated 5.11.2011 (Annexure. A7), further relief of direction to the respondents to subject the employee to medical examination and find out whether he is fit to discharge his duties and if found unfit retire on medical grounds and extend all consequential benefits. I have heard the learned Counsel for the respective parties.

(2.) THE admitted facts from either side are one Shri Sirish Sambaji Rao Bagade is the son of the applicants, he was working as regular Mazdoor on regular basis with effect from 15.6.2001. Earlier to that he was conferred with temporary status Mazdoor with effect from 22.4.1998. When he was regularized as regular Mazdoor, he was referred for medical examination by District Surgeon, Bidar and he has certified as "fit for appointment". Sri Sirish had approached NIMHANS, Bangalore on 27.10.2009 and obtained certificate that he has been taking treatment in NIMHANS from 1993. He has been diagnosed of having mental illness 'paranoid schizophrenia' and he is on regular follow ups. It is to be noted that patient has to continue treatment for an indefinite period. The said certificate was issued on the request of the applicants. On 1.11.2009 Shri. Sirish had submitted his resignation from the post of Regular Mazdoor along with the medical certificate issued by the NIMHANS, Bangalore. The said letter of resignation was accepted on 15.2.2010 by the TDM, Bidar after hearing Sri Sirish and applicants in person. The order dated 15.2.2010 was acknowledged by the employee vide his acknowledgment dated 16.2.2010. Consequent on acceptance of the resignation the respondents have settled all dues payable to the employee to the tune of Rs. 2,08,084/ - towards the balance of his provident fund.

(3.) THE respondents have vehemently opposed the OA and denied the allegations that the applicants' son has been pressurized to submit the resignation and procured his resignation on 1.11.2009. Shri Sirish, the employee while working as regular Mazdoor on regular basis with effect from 15.6.2001 was referred for medical examination by District Surgeon of Government Hospital, Bidar and he was certified as "fit for appoint" without any adverse remarks of health. He was performing his duties normally, upto his resignation in the year 2009 except 172 days extra ordinary leave on M.C for three spells during 2001 -02. He had submitted his resignation on 1.11.2009 which was of unconditional, on personal grounds. The same was forwarded to the Competent Authority through Divisional Engineer (Rural) Bidar, TDM, Bidar who is Competent Authority accepted the resignation submitted by Shri Sirish. The said resignation was accepted only after hearing the employee along with the applicants in person. Shri Sirish has acknowledged the order of resignation with effect from 15.2.2010 vide his acknowledgment dated 16.2.2010. The respondents have settled his dues to the tune of Rs. 2,08,084/ - towards the balance of his provident fund.