Judgment :- 1. This petition has been filed seeking an order to call for the records of the second respondent culminating in the issue of order in L.Dis.No.16072/98/MB, dated 6.5.98 and consequent order dt.29.5.98 and made in his Ref.No.Mu.Mu.16072/Ni.3/97 and as confirmed in Na.Ka.No.8196/Ni.3/98, dt.31.5.99 and to quash the same and direct the respondents to disburse the leave salary, the G.P.F. Accounts, Gratuity, Pension, Family Benefit Fund and all the benefits due to deceased, Tmt.Sarojini, wife of the first petitioner and mother of petitioners 2 to 4. 2. The first petitioners wife, late Sarojini, was suffering from renal problem. Therefore, she was not able to regularly attend the office. In view of her renal illness, the petitioners wife was also undergoing medical treatment continuously from 10.11.1997 by taking dialisis treatment in the Department of Nephrology at the Government Head Qrs. Hospital, Coimbatore. In view of her long illness, she was not able to attend the duty. She sent her leave applications enclosing Medical Certificates dated 10.11.1997, 10.12.1997, 30.12.1997, 20.01.1998, 28.02.1998 and 10.03.1998 to the Joint Director of Health Services, Tiruppur for sanction of leave on medical grounds. But the second respondent, by letter dated 29.04.1998 enclosing the leave applications, forwarded by the first petitioners wife late Sarojini, wrote a letter to the 1st respondent to ascertain whether Sarojini is eligible for Medical leave. On recommendations of the Joint Director of Health Services, Tiruppur, the Medical Officer, Thondamuthur Government Hospital in Ref.No.235/00./97 dated 01.05.1998 requested the late Sarojini, wife of the first petitioner, to appear before the Medical Board on 04.05.1998 with relevant records to consider the request of late Sarojini to go on medical leave. 3. Subsequently, the first petitioners wife also appeared before the Joint Director of Health Services, Tiruppur, on 04.05.1998 and produced all the records for the perusal of the Joint Director of Health Services. It appears that the Joint Director perused all the records and obtained the signatures of late Sarojini on 04.05.1998 in token of her appearance before the Medical Board and perused the records. But the grievance of the petitioner before this Court is that though she appeared before the Medical Board she was not examined medically. Therefore, the Medical examination was again fixed on 18.05.1998. Unfortunately, she died at the P.S.G. Hospital, Coimbatore on 15.05.1998. 4. But the grievance of the petitioner before this Court is that though she appeared before the Medical Board she was not examined medically. Therefore, the Medical examination was again fixed on 18.05.1998. Unfortunately, she died at the P.S.G. Hospital, Coimbatore on 15.05.1998. 4. Therefore, the prayer made by the petitioners in the present writ petition is that before the first petitioners wife was medically examined, she died and when no order was passed before she died, whether she was fit for joining the duty or not, the respondents should be directed to disburse the leave salary, the G.P.F. Accounts, Gratuity, Pension, Family Benefit Fund and all the benefits due to the deceased, who is the wife of the first petitioner and mother of petitioners 2 to 4. 5. The only contention raised by the learned counsel appearing for the petitioners is that till the date of death of the first petitioners wife, she was not medically invalidated. Therefore, it should be construed that the first petitioners wife, late Sarojini, continued in service. It was further contended that the first petitioners wife should be deemed to be in service and on that basis she is entitled to get the service benefits as if the first petitioners wife was in service on the date of her death. 6. On the other hand, the learned Additional Government Pleader appearing for the respondents submits that the first petitioners wife appeared before the Medical Board on 04.05.1998 along with the first petitioner, who is the husband of the deceased Sarojini. The Medical Board, on 04.05.1998 examined the first petitioners wife, who came in a wheel chair. The Medical Board consisting of two members and a Chairman perused the records produced by the first petitioners wife and on medical examination found that she was suffering from end stage of renal failure and she was maintaining her life by dialysis once in three days and she was found unable to walk even 2 to 3 steps without support and, therefore, after careful examination recommended her unfitness to continue in Government services and the first petitioners wife, late Sarojini also accepted her inability to continue in Government service. 7. Therefore, the Medical Board finally passed an order on 04.05.1998 with her consent that the Medical Board has invalidated Sarojini, Maternity Assistant with effect from 04.05.1998 due to end stage renal failure. 7. Therefore, the Medical Board finally passed an order on 04.05.1998 with her consent that the Medical Board has invalidated Sarojini, Maternity Assistant with effect from 04.05.1998 due to end stage renal failure. This fact was also known to the first petitioner, who was also present before the Medical Board, who came along with Sarojini to assist her and the first petitioner also requested to invalidate her. The first petitioners wifes identification marks were also noted in Form 23, which is a Form of Medical Certificate for invalidation and her signature was also obtained for her acceptance in the form itself by the Board. Thereafter, the formal orders of the second respondent regarding incapacitation was issued in Memo No.16702/98/MB, dated 06.05.1998. Unfortunately, the said order was served on 01.09.1998, but that does not mean that the first petitioner was unaware of the fact. 8. Secondly, the petitioner was also informed by letter dated 29.05.1998 that the medical leave was granted for about 175 days from 10.11.1997 to 03.05.1998 which goes to show that the first petitioners wife was invalidated on 04.05.1998. The second respondent also came to consider the request of the petitioner by granting medical leave from 10.11.1997 to 03.05.1998. In that view of the matter, the first petitioners wife cannot be deemed to have continued as Government servant in Government service on the date of her death. On that basis prayed for dismissal of the writ petition. 9. Heard the counsel on either side. 10. The first petitioner took his wife before the Medical Board on 04.05.1998. After examining the case of the first petitioners wife late Sarojini, the Medical Board invalidated the first petitioners wife from attending the duty as Maternity Assistant in the Government Hospital, Thondamuthur with effect from 04.05.1998 with her consent due to end stage of renal failure. This was also known to the first petitioner, who was also present before the Medical Board on 04.05.1998 in person to assist his wife late Sarojini. Infact, the first petitioner, the husband of late Sarojini has also requested the Medical Board to invalidate his wife from attending duties in the Government Hospital, Thondamuthur. Accepting the request and on perusal of the medical certificate produced by late Sarojini in support of her request to invalidate her from attending the duties, the Medical Board invalidated late Sarojini, Maternity Assistant with effect from 04.05.1998. Accepting the request and on perusal of the medical certificate produced by late Sarojini in support of her request to invalidate her from attending the duties, the Medical Board invalidated late Sarojini, Maternity Assistant with effect from 04.05.1998. Even the medical certificate for invalidation Form No.23 signed by the Administrative Officer, Government Head Quarters Hospital, Tiruppur also bears the signature of late Sarojini in token of her acceptance of the decision taken by the Medical Board invalidating her with effect from 04.05.1998. Subsequently, the proceedings dated 29.05.1998 also confirms that medical leave was granted from from 10.11.1997 to 03.05.1998. The petitioner was also informed by letter dated 29.05.1998 that the medical leave was granted for about 175 days from 10.11.1997 to 03.05.1998 which goes to show that the 1st petitioners wife was invalidated on 04.05.1998. 11. Therefore, the argument of the learned counsel appearing for the petitioner that the first petitioners wife late Sarojini was continuing in service on the date of her death in view of the fact that she was not examined by the Medical Board cannot be accepted. In view of the abovesaid facts, there being no merit, the writ petition is dismissed. No costs.