N. VEERAPPAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The petitioner in W.P.No.21392 and 24844 of 2014 is working in Sir Theagaraya College, Chennai. He is attaining superannuation on 30.09.2014. The post of Head of the Department of Plant Biology and Plant Bio-Technology Department has fallen vacant and the petitioner is the senior most person to be considered for appointment to the post of the Head of the Department. The Regional Joint Director of Collegiate Education, Chennai, directed the College to fill up the Head of the Department of the post by nominating the senior most person in the Department. As the petitioner is the senior most person, he sent a representation to the College Committee to consider his name for that post. As there was no progress, the petitioner filed W.P.No.19794 of 2014 seeking for direction directing the college committee to consider his candidature for appointment as Head of the Department and the Writ Petition is pending. As he is reaching superannuation on 30.09.2014, he applied for extention of service by representation dated 2.7.2014. According to the petitioner, the extention has to be decided by the Regional Joint Director of Collegiate Education and the Application has to be routed through the Secretary, College Committee and the petitioner followed the procedure and applied for extention of service. Two other persons, namely, Dr.S.N.Nageswara Rao, Head of the Department, Department of History and Dr.V. Natchathiram, Associate Professor, Department of History are also due to retire on 30.09.2014 and they also applied for extention of their service till the end of the academic year. The College Committee forwarded their representations with their approval to the Regional Joint Director of Collegiate Education but did not approve that of the petitioner for extention of service and send the proposal of the petitioner. According to the petitioner, as per G.O.Ms.No.281, Education Department, dated 13.02.1981, teachers who attain the age of 58 years in the middle of the academic year shall be permitted to continue till the end of the academic year. Therefore, the petitioner is also entitled to get re-employment after attaining superannuation and the Application sent by the petitioner to the College Committee must be sent to the Regional Joint Director of Collegiate Education but the same was not sent. Hence, W.P.No.21392 of 2014 was filed seeking for direction directing the Regional Director of Collegiate Education to call for proposal from the Secretary, College Committee and the Application submitted by the petitioner on 2.7.2014 for extention of service and to grant extention of service.

(2.) During the pendency of the Writ Petition, the College Committee sent a letter to the Regional Joint Director of Collegiate Education, Chennai Region, dated 27.8.2014 that the Committee resolved not to extend re-employment to the petitioner, namely, Dr.N.Veerappan. The petitioner's continuation in service on re-employment would not be in the interest of institution and the students, and his conduct and character are not found satisfactory and he was issued the charge sheet dated 01.07.2010 for the commission of misconduct involving moral turpitude and insubordination and in view of the charges proved, he was awarded punishment of stoppage of 3 increments with cumulative effect and the same was challenged by the petitioner in W.P.No.13327 and 13718 of 2012 and the same are pending. Further, he has not submitted his pension papers which is one of the requirements for re-employment and therefore, he cannot be considered for re-employment. The College Committee also informed the petitioner by proceedings dated 01.09.2014 reiterating the very same allegations that he would not be considered for re-employment. The same is challenged by the petitioner in W.P.No.24844 of 2014.

(3.) The Regional Joint Director of Collegiate Education by his proceedings Na.Ka.No.5183/C2/2014 dated 4.9.2014 directing the College Committee to send the proposal for re-employment of the petitioner stating that reasons stated by the College Committee for not-re-employing the petitioner cannot be accepted. The proceedings of the Regional Joint Director of Collegiate Education dated 4.9.2014 is challenged in W.P.No.2441 of 2014 by the College Committee.