K RAMACHANDRAN Vs. DISTRICT ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) This writ appeal arises out of the order, dated 27.10.2010, made in W.P.(MD)No.7902 of 2010, dismissing the writ petition observing that the appellant/writ petitioner cannot claim re-employment as a matter of right till the end of academic year 2010-11.

(2.) The appellant was initially appointed as a Secondary Grade Teacher in AVM Middle School, Madurai. He attained the age of superannuation on 30.06.2010. The case of the appellant is that as per G.O.Ms.No.452, Education Department, dated 24.03.1970, he is entitled to continue in service on re- employment terms till the closure of the school for summer vacation during the academic year 2010-11. The appellant gave a representation to the 2nd respondent on 01.06.2010 and to the 1st respondent on 12.06.2010 seeking re- employment, by enclosing medical certificate. The representation of the appellant was rejected by the 1st respondent in her proceedings, dated 12.06.2010, on the ground that there is surplus strength of teachers in AVM Middle School Madurai.

(3.) Challenging the said proceedings of the 1st respondent, dated 12.06.2010, the appellant has filed W.P.(MD)No.7902 of 2010. The learned Single Judge dismissed the writ petition on the ground that when one teacher has been found surplus, the appellant cannot claim re-employment as a matter of right. The learned Single Judge further held that when respondents have stated that disciplinary proceedings against the appellant is pending, it cannot be said that the appellant's conduct and character are well and good to enable him to claim the benefit of G.O.Ms.No.452, Education Department, dated 24.03.1970.