Madras High Court
R.Alice Dhanaseeli vs The Chief Educational Officer on 24 June, 2022
WP(MD)No.12814 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD)No.12814 of 2022
and
W.M.P(MD)Nos.9091 & 9092 of 2022
R.Alice Dhanaseeli ... Petitioner
/vs./
1.The Chief Educational Officer,
Office of Chief Educational Officer,
Dindigul.
2.The Head Master,
Government Higher Secondary School,
K.Dharmathupatti,
Dindigul District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Certiorarified Mandamus, calling for the records relating to
the impugned order bearing O.Mu.No.3965/A3/2022, dated 30.05.2022 passed by
the first respondent and quash the same and consequently direct the respondents
to grant re-employment to the petitioner till the end of academic year 2022-2023.
For Petitioner : Mr.T.Anwar Sameem
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
WP(MD)No.12814 of 2022
ORDER
The petitioner, who is employed as a PG Assistant in the second
respondent School, is due for superannuation on 30.06.2022. By placing reliance
on G.O.Ms.No.261, School Education [Pa.Ka.5(2)] Department, dated
20.12.2018, when the petitioner herein sought for re-employment, the same came
to be rejected through the impugned order, dated 30.05.2022, by stating that the
staff fixation and the consequential surplus teachers can be ascertained only on
01.08.2022 and in the absence of any such staff fixation, the petitioner's request
cannot be considered.
2. The learned Special Government Pleader places reliance on the order of
the Hon'ble Division Bench of this Court in the case of The Chief Educational
Officer and others Vs. P.S.Rajavel Durai in W.A.(MD)Nos.107, 566, 583, 594,
933, 1177 and 1273 of 2020, dated 16.03.2021, whereby, it has been held that the
claim for re-employment by a teacher, who is at the verge of retirement, is not a
matter of right and that re-employment is a fresh employment. It has also been
held therein that the re-employment is a policy decision of the Government which
the Courts will not interfere. The relevant portion of the order reads as follows:
https://www.mhc.tn.gov.in/judis
WP(MD)No.12814 of 2022
" 8.Re-employment is not a matter of right. The fundamental
issue is that, the appellants did not prevent or prohibit re-employment.
Rather, the question is to the payment of salary for such re-employment.
The Management or the Head of the Institution certainly knows about
the situation, which might arise during the academic year. Therefore,
they have to make a request either for re-deployment or re-employment,
as the case may be, at the starting of the academic year. If no action is
forthcoming, they must pursue their request. Therefore, if the
Management is interested in the welfare of the Students, it could have
approached the authorities to give aid for re-employment or to take a
decision on the request made for re-deployment. They cannot either
make reemployment or make a mere request and thereafter, undertake
the said exercise.
9.When a policy decision is taken, this Court cannot either
interpret in a different way or go contrary to that. We have already held
that re-employment is not a matter of right. The Moment, a teacher
attains the age of superannuation, the relationship between Master and
Servant gets terminated. Re-employment is a fresh employment. When a
permission is either sought for a Government teacher or aid is sought
for an aided Institution, post axiomatic conditions attached will have to
be followed. In fact, it will be appropriate, no such explanation shall be
given while seeking salary or aid for the institution without due
approval.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12814 of 2022
10.Much reliance has been made on the judgment of the Division
Bench of this Court in Reynold Jayasekaran Vs. Director of School
Education [cited supra]. In our considered view, the Division Bench of
this Court has taken note of the earlier orders passed by this Court. As
stated by us earlier, we are dealing with the case of policy decision
made. The Government Order passed in G.O.(Ms)No.261, School
Education (Pa.Ka.5(2)) Department, dated 20.12.2018, was not
available at the relevant point of time before the learned Single Judge,
who passed an order dated 06.02.2020, in W.P.No.2772 of 2020. The
relevant clause governing has not been placed. The Government Order
does not say that the question of surplus teachers will have to be
reckoned within the same School. For example, in a Government
School if surplus teachers are available, the other Government Schools
cannot be allowed to indulge in re-employment without undertaking the
process of re-deployment. Similarly, if an aided Private School is
having number of institutions, a duty is imposed upon them to see to it
that the surplus teachers available in the other Institutions are
transferred to the Institution, in which, the teacher attains the age of
superannuation during the academic year. It is for them to adopt
anyone, but they cannot seek aid for both the posts. The same logic
applies to the Government School teachers as well. After all, the
Government is not expected to make payment for two teachers for
imparting education for one set of Students."
https://www.mhc.tn.gov.in/judis
WP(MD)No.12814 of 2022
3. The aforesaid extract itself is self-explanatory. Hence, when a decision
is taken by the Government Department not to re-employ a teacher, who is at the
verge of retirement, such a decision cannot be interfered with by this Court,
particularly when a claim is made by placing reliance on G.O.Ms.No.261, School
Education [Pa.Ka.5(2)] Department, dated 20.12.2018. In view of the decision of
the Hon'ble Division Bench (extracted above), I do not find any reason to
interfere with the impugned order.
4. Accordingly, the Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
24.06.2022
Index : Yes / No
Internet : Yes / No
btr/lm
To
1.The Chief Educational Officer,
Office of Chief Educational Officer,
Dindigul.
2.The Head Master,
Government Higher Secondary School,
K.Dharmathupatti,
Dindigul District.
https://www.mhc.tn.gov.in/judis
WP(MD)No.12814 of 2022
M.S.RAMESH, J.
btr/lm
Order made in
W.P.(MD)No.12814 of 2022
Dated:
24.06.2022
https://www.mhc.tn.gov.in/judis
