1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.12128 of 2011 and M.P.(MD) Nos.1 and 2 of 2011 T.Jayalakshmi B.T. Assistant Science (Retd.) W/o.Rajkumar, 2/49-Main Raod, Lalapett, Krishnarayapuram, Karur District. : Petitioner Vs. 1.The Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 2.The Joint Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 3.The Chief Educational Officer, Karur, Karur District. 4.The Headmaster, Government High School, Punavasipatty, Karur District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records in impugned order dated 30.09.2011 passed in proceedings O.Mu.No.6148/A3/2011 by the third respondent and quash the same as illegal and unlawful and consequently directing the third respondent to re-employ the petitioner till the end of the academic year 2011-2012 (31.05.2012) as B.T. Assistant (Science) in the Government High School, Punavasipatty, Karur District. For Petitioner : M/s.V.Karthikeyan For Respondents : Mrs.S.Bharathi Government Advocate ORDER The present writ petition has been filed by T.Jayalakshmi seeking for the issuance of a Writ of Certiorarified Mandamus calling for the records in impugned order dated 30.09.2011 passed in proceedings O.Mu.No.6148/A3/2011 by the third respondent and quash the same as illegal and unlawful and consequently directing the third respondent to re-employ the petitioner till the end of the academic year 2011-2012 (31.05.2012) as B.T. Assistant (Science) in the Government High School, Punavasipatty, Karur District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned Counsel appearing for the petitioner submits that the petitioner was appointed as B.T. Assistant in Science subject on 31.12.2008 at Government High School, Punavasipatty, Karur, by order of appointment issued by the second respondent the Joint Director of School Education, Chennai, and her service was also regularised with effect from 31.12.2008. While so, from the date of appointment of the petitioner, she has rendered satisfactory and unblemished service. However, the date of superannuation of the petitioner has been fixed on 20.09.2011, hence, the petitioner on 16.09.2011 made a representation to the fourth respondent with a request re-appoint her from 16.09.2011 to till the end of the academic year viz., 31.05.2012. When the petitioner's written request was pending before the third respondent, the Chief Educational Officer, Karur, without considering the said request he passed the impugned proceedings dated 30.09.2011 by citing a reason that the petitioner has not rendered 10 years service. 3. The learned Counsel appearing for the petitioner further submits that ten years of service for getting re-employment has been considered by this Court as not necessary since 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, as it is actually a privilege conferred upon the students, so that they have continuity of studies during the course of their academic year. Further, the purpose for which, teachers are granted re-employment, is to ensure that there is no interruption in the curriculum of the children. This purpose is nothing to do with the qualifying service put in by a teacher for the purpose of pension. Therefore, as per G.O.Ms.No.1643, Education (U2) Department, dated 27.10.1988, the conditions required to be fulfilled by the petitioner is two fold viz., the character and the conduct of the teacher should be satisfactory and she should be physically fit to continue in service. As the petitioner has complied with these mandatory conditions as per the said Government Order, the respondents cannot refuse the limited request of re-employment till the end of the academic year. On this basis, he prayed for the above mentioned relief. 4. The learned Government Advocate appearing for the respondents would submit that the petitioner was appointed only on 31.12.2008 in the Government High School at Punavasipatty, Karur District and within four years she has reached the age of superannuation viz., on 30.09.2011. Further, when the petitioner does not posses the requisite qualification, namely, ten years of service, her request for re-employment was rightly refused. Therefore, the impugned order cannot be interfered with by this Court. 5. The said stand of the learned Government Advocate does not stand to reason 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). Therefore, when the petitioner has admittedly submitted the Certificate of Character and Good Conduct along with Physical Fitness Certificate on 16.09.2011 in terms of G.O.Ms.No.1643, https://hcservices.ecourts.gov.in/hcservices/ 3 Education (U2) Department, dated 27.10.1988, in all fairness, the third respondent the Chief Educational Officer, Karur, could have allowed the petitioner to continue in service till the academic year viz., 31.05.2012. As he has not done so, this Court is of the view that the impugned proceedings dated 30.09.2011 is liable to be set aside and accordingly, the same is set aside. In view of the above, this Writ Petition is allowed and the third respondent is directed to permit the petitioner in service till the end of the academic year viz., 31.05.2012. It is needles to mention that the petitioner is also entitled to get the salary for the said period. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (T&P) / True Copy / Sub Assistant Registrar To 1.The Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 2.The Joint Director of School Education, College Road, Nungambakkam, Chennai - 600 006. 3.The Chief Educational Officer, Karur, Karur District. 4.The Headmaster, Government High School, Punavasipatty, Karur District. +1CC TO MR.V.KARTHIKEYAN, ADVOCATE SR : 37715 Srm SR : 08.11.2011 : 3p/6c : IT Order made in W.P.(MD).No. 12128 of 2011 Dated:- 02.11.2011 https://hcservices.ecourts.gov.in/hcservices/