N MUNISAMY Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE writ petition is filed against the order of the third respondent dated 30. 06. 2006 under which the third respondent has denied the claim of the petitioner for reemployment till the end of the academic school year 2006-2007 on the ground that the service of the petitioner as teacher is less than 10 years and he was not eligible for pensionary benefits.

(2.) THE petitioner worked as B. T. Assistant (History) in the Government Higher Secondary School, Kilpennathur till the date of superannuation i. e. upto 30. 06. 2006. As per G. O. Ms. No. 1643, Education (U2) Department, dated 27. 10. 1988, the petitioner is eligible for reemployment on attaining the age of superannuation till the end of the academic year i. e. upto 31. 5. 2007. The Petitioner, while in service, on 02. 06. 2006, has made a request to the Headmaster, the fourth respondent herein, expressing his desire to have reemployment at the age of superannuation till the end of academic school year. He has also enclosed a certificate of physical fitness issued by the competent medical authority. Apart from that the petitioner enclosed a certificate issued by the fourth respondent, the Headmaster, stating that there are no disciplinary proceedings pending against the petitioner. It was after considering all the above facts, the third respondent has passed the impugned order rejecting the claim of the petitioner on the basis that the petitioner has served as teacher only for 7 years and 7 months and therefore he is not eligible for pension and on that basis the right of reemployment was denied.

(3.) THE third respondent also filed a counter affidavit. The only reason given in the counter affidavit for denying the right of the petitioner is that, as I have narrated earlier, the petitioner has not completed 10 years of service and therefore not eligible for pension under the relevant pension rules and on that ground only the reemployment is rejected.