Ailing TANGEDCO Worker May Reapply For VRS As Madras HC Upholds Medical-Invalidation Rejection, Orders Humanitarian Consideration

The petitioner challenged the Superintending Engineer’s order dated 16.10.2024 rejecting his request for medical invalidation, which had relied on a Medical Board’s opinion that his disease was curable.

He pointed to an earlier Medical Board certificate describing the disease as incurable and said his condition prevented him from continuing in service.

During the proceedings, he asked that his medical-invalidation application be treated as an application for voluntary retirement (VRS), but the respondents opposed that request.

The petitioner had not attended duty after applying for medical invalidation in 2022

The judgment does not cite any statute, regulation, or precedent.

It proceeds under the Court’s writ jurisdiction under Article 226 and applies the case-specific principles that the petitioner’s absence, given his medical condition, should not bar consideration of his request; that he would not receive benefits for the period of absence, except that the period would count for pension and continuity of service; and that the respondents should consider a fresh VRS application on humanitarian grounds.

The Court noted the conflicting Medical Board opinions but found no ground to interfere with the impugned order rejecting medical invalidation.

It nevertheless considered the petitioner’s stated inability to continue in service and his medical circumstances.

Although the respondents relied on his non-attendance since 2022, the Court held that this absence could not be held against him, while denying benefits for that period except for pension and continuity of service.

It therefore allowed him to pursue VRS through a fresh application, directing the respondents to consider it on humanitarian grounds.

It granted the petitioner liberty to submit a fresh VRS application by 20.11.2026 and directed the respondents to consider it on humanitarian grounds and pass appropriate orders by 02.12.2026.

The period of absence would not attract benefits, except that it would count for pension and continuity of service.

The writ petition was disposed of without costs, with the matter listed for reporting compliance on 04.12.2026.