K.GEETHA Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed for issuance of writ of mandamus directing the respondents to continue the service of the petitioner till the end of the academic year in accordance with G. O. Ms. No. 261, School Education Department, dated 20. 12. 2018.

(2.) The case of the petitioner is that the petitioner was selected as a B. T Assistant Teacher in the year 2012 and she was posted in the 2 nd respondent School. The superannuation of the petitioner fell on 30. 06. 2019 and the petitioner claims to be entitled to be employed in the 2nd respondent school till the end of the academic year by virtue of G. O. Ms. No. 261, dated 20. 12. 2018. Since, the petitioner has been stopped from attending the school, the present writ petition has been filed before this Court.

(3.) The learned counsel for the petitioner submitted that the petitioner is entitled to be engaged by the 2nd respondent school till the end of the academic year, since, the petitioner superannuated in the middle of the academic year and G. O. Ms. No. 261, dated 20. 12. 2018, makes it clear that in such cases, the services of the Teacher will have to be retained till the end of the academic year. The learned counsel submitted that there are only four teachers in the 2nd respondent school and already one Teacher has retired and gone and out of three Teachers, even if the petitioner is made to retire during the middle of the academic year, the interest of the students will be affected and the school will suffer from non- availability of Teacher.