K RUDRAKOTI Vs. CHIEF EDUCATIONAL OFFICER MADRAS 15

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorarified mandamus to call for the records from the file of the third respondent in Ref.No.1551/KR/96-97, quash the same and consequently direct the respondents to continue the services of the petitioner till the end of the academic year 1996-97 (31.5.1997) and award exemplary costs.

(2.) The petitioner who was employed as a B.T.Asssitant in the third respondent, a minority school, reached the age of superannuation during June 1996. The petitioner requested re employment till the end of the academic year. The third respondent by reply dated 27.3.1996 intimated the petitioner that as the District Educational officer required production of the Medical Fitness Certificate in connection with the petitioner's for reemployment for the academic year 1996-97, the petitioner was required to appear before Dr.Hisamuddin Papa, HUMA Hospital on 12.4.1996 at 11.00 A.M., for medical check up. But the petitioner did not appear before the Medical Officer indicated by the third respondent School, but he has secured a Medical Certificate from a Doctor of his choice and forwarded the same on 26.6.1996 and requested that he be reappointed after superannuation and retained till the end of the academic year.

(3.) On 28.6.1996 the third respondent passed a relieving order relieving the petitioner from his duties on superannuation with effect from 30th June 1996 indicating that the request for reemployment is declined. On being relieved the petitioner has approached this court to quash the said communication dated 28.6.1996 and for direction to continue the petitioner in service till 31.5.1997 (1996-97 academic year end). The petitioner has prayed for the writ of mandamus on the ground that he has got a right to be reemployed. The period for which reemployment was sought for had come to an end but according to Mr.Hariparanthaman, the petitioner is entitled to monetary benefits even if he is not reemployed.