W EMYMMAL LALITHA Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) 1.(Prayer: Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus praying for the relief stated therein. Common Order:By consent of parties, the writ petitions themselves taken up for final disposal.

(2.) THE common issue involved in these cases is relating to the right of teachers working in the Government School and Private Aided School, who retire during the middle of academic year on attaining the age of superannuation, to continue till the end of the said academic year. This is by way of reemployment scheme constituted for the purpose of enabling the students to have the benefits of service of such teachers continuously during the academic year.

(3.) LEARNED counsel for the respondents would submit that as far as the first writ petitioner is concerned, she joined the second respondent school in the year 2007 and as per the relevant Pension Rules, she would not be eligible to pensionary benefits since she will not be having 10 years of completed service and therefore, according to the learned counsel, the said writ petitioner is not entitled to continue the service on reemployment basis. Her further submission is that the right of reemployment in respect of a teacher who retires in the middle of academic year is available only in case where such teacher is entitled to pensionary benefits as per the Pension Rules. She has also placed various Government Orders to show the origin of the concept of reemployment which was introduced in the teaching service.