T GLORYMATHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition has been filed, praying for issuance of a writ of mandamus, directing the second respondent to continue the petitioner's services in the Government High School, Peruvilai, Nagercoil-629 003, Kanyakumari District, in accordance with the proceedings of the 3rd respondent in No,3215/A3/08, dated 26.06.2008.

(2.) ACCORDING to the petitioner, she was appointed as History teacher on 18.12.1998 in Government High School, Mundiampakkam, Villupuram District she worked in various places and finally with the fourth respondent school from 27.06.2003 to 30.06.2008, which is the date of superannuation as per the proceedings of the second respondent, dated 16.08.2008, where a teacher attains the age of 58 years after 31st May in an academic year, he/she shall continue to render his/her service till the end of that academic year by the proceedings of the third respondent, dated 26.06.2008, the petitioner was permitted to continue in service from 01.07.2008 up to 31.05.2009 in the fourth respondent school and when she was rendering her service in the fourth respondent school on the basis of extension of service, the fourth respondent, in his proceedings dated 20.11.2008, relieved her from service, which was without putting her on notice or after providing her with an opportunity of being heard. Hence, she filed this Writ Petition.

(3.) THE foremost contention of the learned counsel for the petitioner is that the petitioner has satisfied two of the pre-requisite conditions that the character and conduct of the teacher should be satisfactory and that the teacher should be physically fit to continue in service. However, the guideline that the pension papers should be submitted at least one year before the date of retirement, which is made as the third pre-requisite condition for re-employment, cannot be made applicable to the case of the petitioner, who has put in lesser service than the service required for pensionary benefits.