Judgment

Arijit Pasayat, J.—The Life Insurance Corporation of India (in short the ‘LIC’) calls in question legality of the judgment rendered by a Division Bench of the Madras High Court, in a writ appeal filed under Clause 15 of the Letters Patent holding that even if the penalty of removal from service is held to be in order, the respondent-employee nevertheless would be entitled to pension to which he would be entitled “but for his removal”.

2. Background facts in a nutshell are as under:

Respondent was employed as an Assistant in the LIC in the year, 1962. He worked in the Coimbatore Branch of the LIC from 1967 onwards. Prior to that he had worked at Erode for a period of 2 years i.e. from 1965 to 1967. On 14.12.1983 he was transferred to Attur and therefore relieved from the Coimbatore Branch. However, the respondent did not join duty at Attur and sought for privileged leave. Thereafter he claimed leave on medical grounds. He did not appear before the doctor designated by the LIC to substantiate his claim of leave on medical grounds. Thereafter he continued to remain absent till the time the charge sheet was issued to him on 16.8.1984. As the period of absence from duty was about