Madras High Court

WP/32979/2024 of V.JOSEPH TAMILMARAN Vs THE CHAIRMAN CUM MANAGING DIRECTOR on 12 November 2026

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WP No. 32979 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-11-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

WP No. 32979 of 2024

CNR:{HCMA011971972024}

V.Joseph Tamilmaran

..Petitioner(s)

Vs

1. The Chairman cum Managing Director

Tamil Nadu Generation and Distribution

Corporation Ltd.,

N.P.K.R.R. Maligai,

No.144, Anna Salai, Chennai-600 002.

2. The Secretary

Tamil Nadu Generation and Distribution

Corporation Ltd.,

N.P.K.R.R. Maligai,

No.144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer

Vellore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Gandhi Nagar, Vellore-6.

4. The Executive Engineer

Operation and Maintenance,

Tamil Nadu Generation and Distribution

Corporation Ltd.,

Ranipet, Vellore District.

5. The Assistant Accounts Officer / Revenue Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Ranipet, Vellore District.

..Respondent(s)

WP No. 32979 of 2024

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, calling for the records passed by the 3rd respondent in his proceeding in Memo No. 015721/ 522/Ve/ Ni.Pi .I/ U.2/ 2024

dated 16.10.2024 and quash the same as illegal and consequently direct the respondents to relieve the petitioner from service on the ground of medical invalidation and also grant all monetary benefits to him.

For Petitioner(s):

Mr.K.Sasindran

For Respondent(s):

Mr.M.Loganathan,

Standing Counsel

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ORDER

When the matter was taken up for hearing on 05.11.2026, after hearing the parties, this Court passed the following order:- “The learned Standing Counsel for the respondents would contend that, since the Doctors had certified that the petitioner is not fully medically invalidated, the question of accepting the petitioner’s claim for medical invalidation is against the Rules.

2. At this juncture, the learned Counsel appearing for the petitioner would submit that his application may be treated as voluntary retirement.

3. However, the learned Standing Counsel for the respondents seeks for a short accommodation to get instruction in this regard.

4. List the case on 12.11.2026.”

WP No. 32979 of 2024

2. Today, the learned Standing Counsel appearing for the respondents would oppose the request of the petitioner to treat his application for medical invalidation as an application for Voluntary Retirement Scheme (VRS).

3. On examining the factual position, it is evident that the application for medical invalidation was rejected on the basis of the opinion of the Medical Board that the disease suffered by the petitioner was curable. In this regard, the learned counsel for the petitioner would submit that the Medical Board certificate dated 13.09.2024 states that the disease is curable, whereas the earlier certificate dated 28.06.2023 states that it is not a curable disease. Therefore, apparently, there are two conflicting opinions rendered by two different Medical Boards. However, it is the contention of the learned counsel for the petitioner that, due to his ailment, he is suffering immensely and is not in a position to continue in service. Hence, he requests this Court to treat his application for medical invalidation as an application for VRS.

4. At this juncture, the learned Standing Counsel appearing for the respondents would submit that, subsequent to the petitioner's application for medical invalidation dated 21.02.2022, the petitioner did not attend duty. However, this Court is of the firm view that, considering the petitioner's medical ailment, his absence from duty from the year 2022 cannot be put against him. At

WP No. 32979 of 2024 the same time, the petitioner is not entitled to claim any benefits for the period of his absence, except to have the said period counted for the purpose of pension and continuity of service.

5. In view of the above position, though this Court does not find any ground to interfere with the impugned order dated 16.10.2024, considering the peculiar circumstances of the case, this Court grants liberty to the petitioner to submit a fresh application for VRS on or before 20.11.2026. If such an application is received, the respondents are directed to consider the same on humanitarian grounds and pass appropriate orders on or before 02.12.2026.

6. With the above directions, this Writ Petition is disposed of. No costs.

7. Post the matter on 04.12.2026 under the caption “For Reporting Compliance”. 12-11-2026 Index: Yes Speaking order Neutral Citation: Yes KV

WP No. 32979 of 2024 To

1. The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai-600 002.

2. The Secretary Tamil Nadu Generation and Distribution Corporation Ltd., N.P.K.R.R. Maligai, No.144, Anna Salai, Chennai-600 002.

3. The Superintending Engineer Vellore Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Ltd., Gandhi Nagar, Vellore-6.

4. The Executive Engineer Operation and Maintenance, Tamil Nadu Generation and Distribution Corporation Ltd., Ranipet, Vellore District.

5. The Assistant Accounts Officer / Revenue Branch, Tamil Nadu Generation and Distribution Corporation Ltd., Ranipet, Vellore District.

WP No. 32979 of 2024 C.KUMARAPPAN J. KV WP No. 32979 of 2024 12-11-2026

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