T AYYAPPAN PILLAI Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) HEARD the arguments of Mr. P. Manojkumar, learned counsel appearing for the petitioners and Mr. S. Rajasekar, learned Addl. Government Pleader representing the first respondent and have perused the records.

(2.) THE petitioner is a Secondary Grade Teacher working in the Government Higher Secondary School, Thuckalay and he reached the age of superannuation on 31.10.2003. As per the orders of the Government in existence, a teacher who reaches the age of superannuation during the middle of the academic year, is entitled to be continued on re-employment basis till the end of that academic year, viz., 31st May of the next year. In the present case, the petitioner, as per the order of the Government, was eligible to continue on re-employment basis from 01.11.2003 to 31.5.2004. When he sought for such extension of service, he was denied for the same, which, as per the Government Orders, can be only on two grounds, viz., (a) that he was medically unfit and (b) that his conduct and character are not satisfactory. In the present case, when the petitioner made an application, which was forwarded by the Headmaster of the School to the Chief Educational officer, Nagercoil, he refused to grant re-employment to the petitioner stating that he had participated in the strike indulged by the Government servant throughout the State during July 2003 and, therefore, his services are not required on re-employment basis. Aggrieved at the same, the petitioner by O.A. No. 3624 of 2003.

(3.) IN the present case, the question that arises is whether the conduct of the petitioner in having participated in the strike would amount to disqualification in getting the benefit of re-employment. IN fact, the case of the petitioner was that he was on Medical Leave from 01.7.2003 to 11.7.2003 and the strike had commenced on 02.7.2003 and he was also referred to Medical Board and the Medical College Hospital, Nagercoil had also certified about his illness. Even otherwise, the persons who were on Medical Leave were also dismissed by the Ordinance passed by the State.