1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.13443 of 2011 and M.P(MD)Nos.1,2 and 3 of 2011 T.Gunasekaran ..Petitioner Vs 1. The Director of Elementary Education, College Road, Nungambakkam, Chennai. 2. The District Elementary Educational Officer, Tirunelveli. 3. The Assistant Elementary Educational Officer, Sankarankoil, Tirunelveli District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the third respondent in Na.Ka.No.933/A3/2011, dated 14.11.2011 and to quash the same and further to direct the respondents 2 and 3 to grant re-employment to the petitioner till the end of the academic year ie., 31.05.2012. For Petitioner :Mr.R.Krishnamurthy for M/s.R.Subramanian For Respondents :Mrs.S.Bharathi Government Advocate ORDER The petitioner/T.Gunasekaran, who was appointed as Nutritious (Noon)Meal Organizer on 01.02.1983 at Veppankulam Panchayat Union Middle School, Sankarankoil, Tirunelveli District was subsequently selected through Teachers Recruitment Board and absorbed as B.T.Assistant and thus he was appointed on 27.06.2004 in the said https://hcservices.ecourts.gov.in/hcservices/ 2 post at Government Welfare Middle School, Arugankulam, Vasudevanallur Union. After getting the relieving order from the Noon Meal service, he joined the post of B.T.Assistant on 01.07.2004. Thereafter he was transferred to Panchayat Union Middle School, Manalur, Sankarankoil. After completing her service as Teacher, she reached the age of superannuation on 30.11.2011. Well before the date of superannuation, the petitioner knowing fully well that she is entitled to get re-employment, made her written request on 23.09.2011 to the third respondent. As there was no response, the petitioner repeatedly made reminders to grant the benefit of reemployment till the end of the academic year i.e., till 31.05.2012. But, the representation was not considered. After having aggrieved by the order passed by the third respondent, dated 14.11.2011, the petitioner has come to this Court by filing the present Writ Petition. 2. The learned counsel for the petitioner submitted that the petitioner being a devoted and obedient B.T.Teacher in Maths subject, from the date of joining the post till now has not given any room for adverse entry in her career which indicates that the petitioner's request for re-employment till the end of the academic year is to be considered. But the third respondent failed to extend the benefit. The petitioner has at the time of submitting his written representation, dated 23.09.2011 has fulfilled all the three conditions which are to be complied by every Teacher seeking re-employment. Inspite of that, the authorities have declined to consider his request and such an action on the part of the third respondent according to the learned counsel for the petitioner is liable to be set aside. 3. In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner has not submitted the requisite certificates, namely, conduct and character certificate, (b) Physical fitness certificate and(c) clean chit issued by the school authorities in which he has been working as a B.T.Assistant in Maths certifying that the petitioner is not facing any disciplinary proceedings till date. But the said contention was opposed by the learned counsel for the petitioner on the ground that the petitioner has not completed 10 years of service. The said contention was opposed by the learned counsel for the petitioner repeating his submission that even at the time of submitting his application on 23.09.2011, the petitioner has duly presented the said application with all requisite enclosures. In respect of 10 years of experience, this Court is not inclined to accept the said contention for the reason that the re-employment was not given for the benefit of the Teacher, but it was given for the benefit of the students. Admittedly, the petitioner on reaching the age of superannuation on 30.11.2011, if the respondents fails to fill up the vacancies, the students, who are taking maths classes at the hands of the petitioner would be put to great hardship. https://hcservices.ecourts.gov.in/hcservices/ 3 4. In that view of the matter, the writ Petition is allowed and the impugned order passed by the third respondent, dated 14.11.2011 is set aside. It is needless to mention that the petitioner is entitled to continue in the post of B.T.Assistant (Maths) till the end of academic year i.e., till 31.05.2012, along with salary and other consequential benefits. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Director of Elementary Education, College Road, Nungambakkam, Chennai. 2. The District Elementary Educational Officer, Tirunelveli. 3. The Assistant Elementary Educational Officer, Sankarankoil, Tirunelveli District. +1cc to Mr.R.Subramanian, Advocate, Sr.No.41689 +1cc to the Special Govt.Pleader, Sr.No. 41636 vsn ssk/29.11.2011 /6c -3p/- W.P(MD)No.13443 of 2011 25.11.2011 https://hcservices.ecourts.gov.in/hcservices/