G MENAKA Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) The Petitioner has filed the present writ petition, seeking to challenge an order of the third Respondent dated 30.06.2009 and after setting aside the same seeks for an employment till the end of the academic year 2009-2010 on re-employment basis.

(2.) The Petitioner is employed as a PG Teacher in the third Respondent school since July 1981. The third Respondent school is a private school within the meaning of Section 2(7) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (for short Private School Act). The school is also receiving cent percent grant towards salary of teachers and other persons employed in the school as well as Grant towards maintenance.Subsequently, the Petitioner was promoted to the post of Assistant Headmistress in the year 1993. Thereafter, she was promoted as Headmistress of the third Respondent school in the year 1998. She had reached the age of retirement on 30.06.2009.

(3.) As per the orders of the Government which is in force and which are also referable to the 'Grant-in-Aid' Rules viz., G.O.Ms. No. 1643 Education Department, dated 27.10.1988, a Teacher who reaches the age of superannuation during the middle of the school year is entitled for re-employment. There are only two conditions prescribed viz., that the character and the conduct of the teacher should be satisfactory and the teacher must be physically fit to continue in service.