The judgment emphasizes the importance of adhering to principles of natural justice and considering the documented health conditions of an employee when evaluating prolonged medical leave.

The short facts of the case are as follows:-

The petitioner has submitted that he passed his Diploma in Mechanical Engineering in 1973 and Post Diploma in Automobile Engineering in 1975. He was selected through TNPC in 1979 as a Motor Vehicle Inspector Grade II. The petitioner joined duty as M.V.I. Gr.II at Madurai on 10.11.1980. After serving in various places, he was promoted as Motor Vehicle Inspector Grade I on 18.11.1987 and posted at Pollachi. The petitioner had a blemishless service and known for his integrity and was promoted as Regional Transport Officer on 23.01.2002 and posted at Sivagangai. The petitioner has further submitted that on 06.05.2002, he applied for 19 days leave between 13.05.2002 and 31.05.2002 for attending to the wedding of his sister's daughter. Thereafter, he went to Thirukkadaiyur Arulmighu Amirthakadeeshwarar Temple, where he fell seriously ill. The above leave was duly sanctioned by the Deputy Transport Commissioner Madurai Zone. The petitioner became giddy and fell down and could not attend office. On 31.05.2002, the petitioner applied for 15 days leave for taking treatment as he felt that he would be cured within the leave period. However, on examination by the Doctors, he was diagnosed as suffering from cervical spondylosis and vertigo, diabetic, depressive illness with panic disorder. Therefore, along with the medical certificates, he had to extend his leave continuously. The petitioner was also advised to take treatment at Chennai. The petitioner was continuously ill and undergoing treatment between 31.05.2002 and 18.09.2003. The petitioner was treated by Dr.Krishnaswamy a Physician, Dr.Velmurugan, Neurologist, Appollo Hospital, Dr.Muthukrishnan Psychiatrist Appollo Hospital and also at the M.V.Diabetic Centre, Chennai. The petitioner has regularly, without any kind of a gap or break, forwarded through proper channel his leave applications seeking medial leave along with medical certificate by an Authorized Medical Practitioner. The Competent Authority viz., the Transport Commissioner has not passed any orders either accepting or rejecting his applications for eligible earned leave on medical grounds.

2. The petitioner has further submitted that the Transport Commissioner referred him to the Medical Board and he was asked to appear before the Medical Board at the Government General Hospital, Chennai on 19.09.2003. He was examined by the Medical Board with his previous treatment records. On examination, the Medical Board confirmed that he was under treatment since 2002 for cervical spondylosis and vertigo diabetic, depressive illness with panic disorder, hypertension and cardiac problems. The Medical Board found that he was still ill and recommended for 15 days for the period from 19.09.2003 to 03.10.2003. The petitioner has further submitted that on expiry of medical leave, he appeared before the Medical Board, Chennai on 03.10.2003 and necessary physical fitness certificate was issued and he was directed to resume duty in Government service with effect from 03.10.2003. In obedience to the above direction of the Medical Board, he joined duty on 03.10.2003 p.m., before the second respondent and placed on compulsory wait till 19.10.2003, when he was allowed to rejoin as RTO Sivagangai. The petitioner has been serving there without any break whatsoever till 17.06.2005, when he was transferred as RTO, Meenambakkam. On 23.05.2007, he was transferred and posted as RTO Enforcement, Salem, where he is presently serving. The petitioner has further submitted that the second respondent Transport Commissioner received all his leave letters along with medical certificates through proper channel and was well aware of his serious illness and inability to attend office on medical grounds. In fact, he had forwarded his case to the Medical Board also and he was called to appear before the Medical Board on 19.09.2003 and was also granted medical leave for 15 days upto 03.10.2003 and thereafter, found me