JOHN BOSCO Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The prayer in the writ petition is to direct the respondents to reinstate the petitioner in service as secondary Grade Teacher or in an alternative suitable employment with all service and monetary benefits with effect from 7/9/1992 in the light of Section 47(1) of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full participation) Act, 1995, basing on the 'status' recommendation made by the 4th respondent pursuant to his proceedings made on 6/12/2001.

(2.) The case of the petitioner is that the petitioner was appointed as Higher Grade Teacher in 5th respondent school from 21.10.1972 in a leave vacancy. The said appointment was approved by the Education Department authorities for the purpose of payment of salary. His temporary appointment was extended from time to time. By Order dated 04.07.1975 the petitioner was appointed in a permanent vacancy (retirement vacancy). The said appointment was also approved by the District Educational Officer, Thiruvannamalai, by order dated 13.07.1975. On 28.12.1977 the petitioner's higher grade post was converted as Secondary Grade Teacher post and consequently Secondary Grade Teacher scale of pay was given to the petitioner. The petitioner was given selection grade by order dated 23.7.1987 in the cadre of Secondary Grade Teacher post. According to the petitioner, he fell ill due to hypertension and therefore the management sought medical opinion from the Joint Director of Health Services, who in turn on 16.9.1992 gave an opinion that the petitioner is unfit to serve as a teacher, based on which, the 5th respondent invalidated the petitioner from service on medical grounds. The petitioner's pension proposals were submitted by the management through the 4th respondent and the said proposal was returned by the 2nd respondent by order dated nil--.01.2002, stating that the proposal submitted on behalf of the petitioner is not in accordance with Rule 36(10) of the Tamilnadu Pension Rules, that the relieving order has not been countersigned by the Additional Assistant Elementary Educational Officer at page 63 of TSR Volume II and that the pension proposal with corrected TSR with original Medical Report may be sent to the second respondent for sanction of pension.

(3.) The learned counsel for the petitioner submitted that during the pendency of the matter before the second respondent regarding the sanction of pension, central Act namely, The Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, came into force from 17/2/1996 and the petitioner having been medically invalidated by the management, he is entitled to get alternative employment in terms of Section 47 (1) of the said Act. Learned counsel for the petitioner also submitted that even assuming that the order of relieving the petitioner on medical grounds from 7/9/1992 is valid, there is unreasonable delay in sanctioning the terminal benefits to the petitioner and therefore the petitioner is entitled to get sanction of terminal benefits with interest.