Authority: High Court of Judicature at Madras

Order Date: 24 September 2026

Case Overview

  • Petitioner: M. Abdul Samath, former Deputy General Manager (Mechanical) of Neyveli Lignite Corporation (NLC) transferred to National Thermal Power Limited (NTPL) on 2 Dec 2009; later promoted to General Manager (Mechanical) at NTPL.
  • Respondents: 1) Chairman & Managing Director, Neyveli Lignite Corporation Ltd; 2) Chief Executive Officer, Thermal Power Project, Harbour Estate, Tuticorin (NTPL).
  • Accident: While returning from official meetings in Trichy and Neyveli, the petitioner met with an accident near Veppur on 27 June 2010 at ~5:30 pm; received treatment at Government Hospital, Virudhunagar, NLC Hospital Neyveli, and Apollo Hospital Chennai for a total of 165 days (27 June 2010 – 8 Dec 2010).
  • Initial Leave Claim: Petitioner sought Temporary Disablement (Special Disability) Leave under the Employees Compensation Act, 1923 for the 165‑day period. The second respondent rejected the claim on 30 Sept 2011, treating the period as Commuted Medical Leave.
  • Appeal: Petitioner appealed to the first respondent (Chairman & MD) on 18 June 2012. The first respondent approved the appeal on 19 June 2012; the approval was signed on 25 June 2012 and communicated on 29 June 2012, sanctioning Special Disability Leave.
  • Subsequent Action by Second Respondent: Despite the approval, the General Superintendent (Medical) of NLC Hospital refused to issue the required certificate, citing lack of Standing Committee examination. The second respondent later issued an order on 26 July 2013 stating the appeal was rejected, alleging unauthorised leave from 24‑26 June 2010.
  • Writ Petition: The petitioner filed WP 7466 of 2017 under Article 226, seeking quashing of the 30 Sept 2011 and 26 July 2013 orders and granting full pay for the 165‑day treatment period.

Final Outcome

  • The Court held that the appeal filed on 18 June 2012 was duly approved by the competent authority on 19 June 2012 (signature dated 25 June 2012); therefore the second respondent’s later order of 26 July 2013 is vitiated.
  • The original order of 30 Sept 2011 is merged into the approved 19 June 2012 sanction and is set aside.
  • The petitioner is entitled to the benefits of Special Disability Leave, including full pay, under the Employees Compensation Act, 1923 for the period 27 June 2010 to 8 Dec 2010.
  • No order as to costs was made and all connected miscellaneous petitions were closed.

Topics: Court Order, Employees Compensation, Public Sector Leave