1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.8642 of 2011 and M.P.(MD).Nos.1 to 3 of 2011 M.Uthandaraman ... Petitioner Vs. 1. The Secretary to the Government, Higher Education Department, Fort St. George, Chennai-9. 2. The Directorate of Collegiate Education, College Road, Chennai-6. 3. The Principal, Sethupathi Government Arts College, Ramanathapuram. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order dated 29.07.2011 passed by the second respondent vide his proceedings reference Na.Ka.No.24017/C2/2011 and quash the same. For Petitioner : Mr.N.Ananthapadmanaban For Respondents: Mr.B.Pugalenthi, Special Govt. Pleader O R D E R The petitioner M.Uthandaraman has filed the present Writ Petition challenging the impugned proceedings in Na.Ka.No.24017/C2/2011 dated 29.07.2011 passed by the second respondent, the Directorate of Collegiate Education, College Road, Chennai and to quash the same on the ground that the said order refusing to provide re-employment, not only violates the Article 14 but also discriminates between the different nomenclatures given to the same post. 2. The learned counsel for the petitioner submits that the petitioner, who was appointed as Librarian before the age of superannuation viz., on 31.07.2011, has submitted his application seeking re-employment till the end of the academic year viz., 31.05.2012. But the second respondent in his proceedings dated 29.07.2011, declined to accept the petitioner's request for re- https://hcservices.ecourts.gov.in/hcservices/ 2 employment till the completion of the academic year, by assigning the reason stating that when the Government has issued the G.O.Ms.No.300, Higher Education Department (F1) dated 08.09.2006, permitting the Principal, Lecturers, Physical Education Director and Librarian to be re-employed till the completion of the academic year, there is no specific order to grant the same benefit to Graduate Librarian. Assailing the said order, it has been pleaded before this Court that the respondent ought not to have rejected the request of the petitioner refusing to extend the benefit of re-employment to the petitioner, who is a Graduate Librarian, when they have chosen to extend the benefit of re-employment to the other librarians including Principals and Physical Education Teachers. 3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents. 4. It is not in dispute that the petitioner, who was employed as graduate librarian, reached the age of superannuation on 31.07.2011. Hence, he submitted his application seeking re-employment till the end of the academic year 31.05.2012. The extension of employment after attaining superannuation during the middle of academic year is generally applicable to all Principals, Physical Education Teachers including librarian and graduate librarian. This could be seen from proceedings issued by the Director of School Education in Na.Ka.No.24017/C2/11, dated 29.07.2011, wherein in explicit terms it has been mentioned that the G.O.Ms.No.300, Higher Education Department (F1) dated 08.09.2006, providing benefit of re-employment on reaching superannuation during the middle of the academic year is applicable to the Principals, Teachers, Physical Education Teachers and Librarians. When the petitioner is a graduate librarian, refusal of the respondent in providing re-employment till the end of the academic year is therefore per se illegal. The Government has issued the G.O.Ms.No.300 only for the purpose of benefiting the students, who should not be allowed to go without any teachers, when they are facing examination in the event of class teacher or subject teachers retired on reaching the age of superannuation in the middle of academic year. When the G.O.Ms.No.300 is issued to benefit the students, the respondent cannot refrain from extending the benefit of re-employment to the petitioner, who worked as graduate librarian in the third respondent college. If the petitioner is not permitted to continue, till the end of the academic year, the poor students, who are facing the examination in the last hours will be put to grave inconvenience, if for any reason, the said post is not filled up by the respondents. 5. More over, the authority has also overlooked one another vital aspect that the post of graduate librarian and librarian are one and the same as a qualification for recruitment, method of recruitment and the scale of pay are also one and the same for both designations. https://hcservices.ecourts.gov.in/hcservices/ 3 6. In the light of the settled position that the grant of re- employment to the teachers till the end of the academic year is not actually a right or benefit or privilege conferred upon the teachers, it is actually a privilege conferred upon the students, so that they have continuity of studies during the course of their academic year. This issue has already been settled by this Court in W.P.No.12883 of 2010, dated 19.07.2010 (M.Rajendran v. The Director of School Education, Chennai and two others. 7. That apart, in a similar occasion, when a writ petition was filed in W.P.No.5543 of 2011, this Court after considering the fact that the petitioner in the above mentioned writ petition was Graduate Librarian working in Government Arts College, Trichy granted the benefit of re-employment by passing interim order on 08.03.2011. 8. Therefore, the reasonings assigned by the second respondent in the impugned order is liable to be set aside. Accordingly, the same is set aside. Consequently, the second respondent is directed to permit the petitioner to continue till the end of academic year viz., 31.05.2012 as per G.O.Ms.No.300. It is needless to mention the petitioner is also entitled to get the salary for the period he was denied re-employment. The writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1. The Secretary to the Government, Higher Education Department, Fort St. George, Chennai-9. 2. The Directorate of Collegiate Education, College Road, Chennai-6. +one cc to Special Government Pleader, Sr.No. 40344 W.P.(MD)No.8642 of 2011 17.11.2011 akv SMA/09.12.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/