RAJESH MATHEWS Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) IN this writ petition, the petitioner impugns the action of the respondent no.5 school in denying him a defence assistant in the disciplinary proceedings. Petitioner wanted appointment of his wife as the defence assistant and the wife is an ex employee of the respondent no.5 school.

(2.) AS per the guidelines relating to service conditions of employees in unaided unrecognized schools the rules governing government employees will be applicable in view of circular dated 25.3.1991 of the Director of Education. The relevant CCS (CCA) Pension Rules in this regard are Rules 14(8)(a) and 14(8)(b). These provisions read as under:

(3.) THE issue before this Court is what is the meaning to be ascribed to the expression ,,retired as appearing in Rule 14(8)(b) and as to whether that expression should only refer to a person who superannuated on his ordinary date of retirement or the expression will even include an employee who has even resigned from the school.