Case Note & Summary
The petitioner, Shri Prasad Dinkar Patil, was employed as a Livestock Supervisor with the Zilla Parishad, Raigad. He was declared invalid on medical grounds by an order dated 17.2.2025 with effect from 17.11.2023, and his services were declared permanently incapacitated by an order dated 26.11.2024. The petitioner challenged these orders before the Bombay High Court. The court found that the orders were passed without affording the petitioner an opportunity of hearing and were contrary to the medical board report. The court quashed the impugned orders and directed the respondents to reinstate the petitioner with continuity of service and 50% back wages from the date of termination until reinstatement. The court also directed that the petitioner be paid his salary regularly from the date of reinstatement.
Headnote
A) Service Law - Medical Invalidity - Natural Justice - The petitioner, a Livestock Supervisor, was declared invalid on medical grounds without proper opportunity of hearing and contrary to medical board report - Court held that the impugned orders were passed in violation of principles of natural justice and set them aside - Petitioner directed to be reinstated with continuity of service and 50% back wages (Paras 1-10).
Issue of Consideration
Whether the declaration of the petitioner as invalid on medical grounds and permanently incapacitated is sustainable in law and whether the petitioner is entitled to reinstatement with consequential benefits.
Final Decision
The impugned orders dated 17.2.2025 and 26.11.2024 are quashed and set aside. The respondents are directed to reinstate the petitioner with continuity of service and 50% back wages from the date of termination until reinstatement. The petitioner shall be paid his salary regularly from the date of reinstatement.
Law Points
- Natural Justice
- Medical Invalidity
- Reinstatement
- Back Wages
- Service Law
