The Kerala High Court has reinstated a railway employee, ruling that his three-day absence during the COVID-19 lockdown was not sufficient grounds for compulsory retirement. The court deemed the punishment "grossly disproportionate" and directed his immediate reinstatement with full benefits.
Background of the Case
Nitheesh K., a Technician-III employed under the Railways, availed medical emergency leave from March 16 to March 18, 2020. His leave was extended from March 19 to March 21, 2020 due to illness. However, on March 22, 2020, the government imposed a general curfew, followed by a nationwide lockdown until June 2, 2020.
Nitheesh was stranded at his native place in Kerala and could not return to duty. After obtaining a travel pass, he reported back to work on July 31, 2020. He requested regularization of his absence, citing government circulars that allowed special casual leave during the pandemic. However, the Railways denied his request, charged him with unauthorized absence from March to August 2020, and imposed compulsory retirement.
Legal Proceedings and Tribunal Order
Challenging the decision, Nitheesh approached the Central Administrative Tribunal (CAT). The Tribunal found the punishment disproportionate and directed the Railways to impose a lesser penalty. The Railways then demoted him to Assistant (Workshop) Grade with a fixed pay of Rs.18,000/- for 48 months. Dissatisfied, Nitheesh appealed to the Kerala High Court.
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Court’s Observations and Verdict
The Division Bench of Justice Amit Rawal and Justice K.V. Jayakumar ruled in favor of Nitheesh, making key observations:
- Lockdown and Workplace Closure:
- Nitheesh was on sanctioned leave until March 21, 2020.
- A nationwide lockdown was declared from March 24, 2020, and his workplace was closed from March 20 to June 2, 2020.
- "In such a situation, compulsory retirement is wholly unjustified," the Court ruled.
- Disproportionate Punishment:
- The reduction in pay for 48 months was equivalent to withholding increments with a cumulative effect, affecting service benefits for nearly seven years.
- "Such punishment is excessive for an absence of merely three days," the Court noted.
- Employee’s Commitment:
- Despite the pandemic, Nitheesh traveled 400 km to report for duty on July 31, 2020.
- Upon arrival, he was placed under 14 days of quarantine.
- "There was hardly any willful absence to justify such severe action," the Court concluded.
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The Kerala High Court set aside both the compulsory retirement order and the revised penalty. It directed the Railways to treat Nitheesh’s three-day absence (March 22-24, 2020) as casual leave, in accordance with the Office Memorandum dated July 28, 2020.
The court ordered his immediate reinstatement with full benefits, to be completed within one month from the receipt of the order.
This ruling reinforces the principle that government employees should not be penalized disproportionately for circumstances beyond their control. The decision highlights the need for fair treatment of employees, especially during unprecedented crises like the COVID-19 pandemic.
Decided on: 25.02.2025
Neutral Citation: 2025:KER:16819 | Nitheesh K. v. Union of India
Counsel for the Petitioner: Mr. Martin G. Thottan and Mr. Varghese John
Counsel for the Respondents: Sri. R.V. Sreejith
