SECRETARY TO THE GOVERNMENT Vs. P. VELUSAMY

JUDGEMENT

(1.) THE writ appeal has been preferred by the appellants -State (respondents 1 to 3 in W.P.No.13683 of 2008) against the order dated 14.7.2008 passed by the learned single Judge in Writ Petition No.13683 of 2008, whereby the learned single Judge, while setting aside the order of rejection, dated 30.5.2008, whereby the request of the first respondent -writ petitioner seeking extension of service on the ground of Best Teacher Awardee, was rejected by the second appellant -Director of School Education, Chennai, directed the second appellant -Director of School Education to pass fresh orders in the light of G.O.Ms.No.837, dated 4.5.1976, issued from the Education Department of the State.

(2.) THE first respondent -writ petitioner was a teacher in the second respondent -Holy Redeemers Higher Secondary School, Tisaiyanvilai, Tirunelveli District, a Government aided, private school. For the academic year 2004 -2005, the first respondent -writ petitioner was awarded "Best Teacher Award", which Award was named after the then President of India Hon'ble Dr.Radhakrishnan. He earlier moved before this Court in Writ Petition (MD).No.4048 of 2008, praying for issuance of a writ of mandamus, to direct the first and second appellants herein to extend the service of the first respondent -writ petitioner beyond the period of superannuation, pursuant to the State Government's order contained in G.O.Ms.No.837, dated 4.5.1976 issued from the Education Department and as per the Memorandum issued by the Union of India, in No.F.1 -9/80 -Sch.5, dated 30.6.1981. The said case having been remitted to the appellants -State for considering the representation of the first respondent -writ petitioner, dated 5.11.2007, in the light of G.O.Ms.No.837, dated 4.5.1976, the same was considered and rejected by the second appellant -Director of School Education in the proceedings in Rc.No.41188/W5/S3/2008, dated 30.5.2008.

(3.) THE main plea taken by the appellants -State was that G.O.Ms.No.837, dated 4.5.1976 issued from the Education Department, was never given effect to.