The petitioner has come up before this Court when the respondents decided to sent the petitioner out of service before he has completed 10 years of qualifying service on the ground that he was suffering from fixed anxiety syndrome. 2. The petitioner entered service under the respondents in the year 2001. He was due to complete 10 years of qualifying service in August 2011.
3. The petitioner alleges that since he married in the year 2005 which went bad later and consequently he had to face civil cases filed by his wife. Therefore, he was upset and slightly depressed. He alleges that though he was subjected to medical examination, it was found that the petitioner does not require any active treatment.
4. The petitioner's grievance is that the respondents not satisfied with the report, sent the petitioner for medical examination and he was asked to sign papers which contained certain findings of the medical board, without showing the contents. He alleges that he represented before the competent authorities to give him a copy of the medical board's findings. However, the same was not given and therefore, he moved the Director General pointing out that he was compelled to go out of service before he completed 10 years of qualifying service which would mean that the petitioner would not get the minimum pensionary benefits. The petitioner alleges that he has also produced medical records from the Government Hospital, Vandanam to show that he is not suffering from any disease.
5. I have heard the learned counsel for the petitioner and the learned standing counsel for the respondents.
6. Admittedly, the petitioner is proposed to be sent out of service on account of some mental illness. However, no further action was taken on account of the pendency of this writ petition.
7. Though the learned standing counsel for the respondents would submit that the petitioner is not mentally fit to continue in the job, as the petitioner has produced certain documents in support of his case, this Court feels that the case of the petitioner requires a re-look by the respondents. Therefore, the petitioner may make a representation along with medical records relied on by him before the respondents within a period of one month.
In the event of filing such a representation, the respondents shall constitute a medical board of their choice and the petitioner shall be subjected to medical examination. After assessing the report produced by the petitioner as well as the Medical Board, a final decision shall be taken within a period of three months thereafter, after affording the petitioner an opportunity of being heard.
This writ petition is disposed of as above.
Sd/-A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE