R.MATHIVANAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The appellant herein served in the Arulmigu Palanianadavar College of Arts and Science at Palani as Head of the Zoology Department and attained superannuation on 31/03/2014. Relying on the proceedings issued by the Director of Collegiate Education dtd. 06/06/2012, the appellant vide his representation dtd. 06/02/2014 sought for re- employment till the end of academic year 2014. The said request was rejected by the Management in view of a disciplinary proceedings pending against him. However based on the letters dtd. 16/04/2014 and 20/05/2014 issued by the Controller of Examination, Madurai Kamarajar University requesting the appellant to attend the Board meeting of examiners and few other records like his leave letter dtd. 09/04/2014 and internal marks statement prepared by the appellant, Writ Petition(MD).No. 8339 of 2014 was filed by the appellant seeking salary for the month of April and May, 2014 on the premise that he had been given re-employment for two months period till the end of the academic year.

(2.) The Management successfully contested writ petition stating that the appellant was facing disciplinary proceedings on the date of his superannuation. Hence he was found not fit for re-employment. In fact he did not serve with the College after 31/03/2014 to claim salary. He was paid all his retirement benefits and duly received. The Disciplinary proceedings came to end on 20/06/2016. The right of re-employment is not automatic though the proceedings of DCE state it as mandatory.

(3.) The learned Single Judge dismissed the writ petition for the reason below:-