M.VADIVELU Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the third respondent in Moo. Mu. No. 2426/ A2/2019, dated 30.6.2019, to quash the same and to direct the respondents 2 and 3 to grant re-employment to the petitioner till the end of academic year i. e. , 31.5.2020.

(2.) The petitioner was appointed as B. T. Assistant in the fourth respondent School vide order of the Joint Director of School Education dated 23.6.2012 and on reaching the age of superannuation was due to retire on 30.6.2019. According to the petitioner he is entitled for re-employment till the end of the academic year i. e. , 31.5.2020. Hence, on 07.6.2019, the petitioner gave application to the fourth respondent for re-employment along with Fitness Certificate and the same was forwarded by the fourth respondent to the third respondent, however, the third respondent vide proceedings dated 30.6.2019 had directed the fourth respondent not to give re-employment to the petitioner and directed the fourth respondent to relieve the petitioner from service. However, the fourth respondent neither relieved the petitioner from service nor provided any work. Hence, this writ petition.

(3.) The learned counsel appearing for the petitioner would submit that the practice of providing re-employment to Teachers till the end of the academic year is continued right from the year 1970 onwards. The Teachers who were at the verge of retirement during the academic year are allowed to continue on two conditions namely, the conduct and character of the Teacher shall be satisfactory and the Teacher should be physically fit to continue in service. Subject to the fulfilment of the above two pre-requisite conditions, the Teachers who were due to retire on attaining the age of superannuation during the middle of the academic year, were permitted to continue in service till the end of the academic year.