CORRESPONDENT SECRETARY AND MANAGING TRUSTEE SALEM SOWDESWARI COLLEGE COMMITTEE SALEM Vs. M RAJAGOPALAN

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 28. 2. 2003 made in W. P. No. 10192 of 1996, wherein the appellant college was directed to settle the monetary benefits in terms of salary and other emoluments to the first respondent till the end of the academic year 1996-97, as he was not permitted to avail the benefit of re-employment, as conferred in G. O. Ms. No. 281 dated 13. 2. 1981, wherein it is made clear that the teacher, who attained 58 years in the middle of the academic year shall be permitted to continue till the end of that academic year.

(2.) THE right to continue on re-employment till the end of academic year conferred on the teachers working in the schools either government or private, both minority or non-minority, has already been upheld by a Division Bench of this Court in W. A. No. 1179 OF 1993 (S. SUNDARAM VS. SECRETARY, C. S. I. DIOCESE OF MADRAS), and the SLP preferred against the same was also dismissed. THE ratio laid down by the Supreme Court has been consecutively followed by this Court in R. MUTHUKRISHNAN VS. THE SECRETARY, aided MIDDLE SCHOOL, KORRANATTU, KARUPUR, KUMBAKONAM AND THE DISTRICT elementary EDUCATIONAL OFFICER, TANJAVUR, vide 1998 W. L. R. 77.

(3.) WE are therefore of the considered opinion that unless the teacher is found unfit medically or on account of his or her conduct, he/she is entitled to continue till the end of the academic year.