The Madras High Court today rejected a petiton filed by a dismissed Metropolitan Transport Corporation employee, challenging his removal from service and said a dismissed employee cannot seek sympathy from the court on the grounds that his family would be in dire straits if action was taken against him.
"The management decision that the employee had abandoned service was perfectly justified," Justice S Vaidyanathan said while rejecting the petition by M C Vijayakumar.
The petitioner, who joined service in 1988, contended that he was on medical leave for some time and had submitted leave letters without fail.
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On one such occassion, he reported for duty in March 2008, and was told he had been dismissed from service in February itself. He claimed he had not received any communication in this regard from the management.
The management contended he was under unauthorized absence since 2007 and a charge memo was served on him. Considering his reply, he was allowed to join duty. But he worked for just one day and then absented himself. A show- cause notice was issued to him, to which there was no reply. Hence, the decision to dismiss him from service.
Justice Vaidyanathan said "it was an admitted case that the petitioner did not join duty. If any employee wanted to avail medical leave, he or she should inform the management by enclosing a medical certificate through registered post.
