Madras High Court
The Director Of Elementary ... vs J.Edwin on 23 January, 2023
W.A.No.1941 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2023
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.A.No.1941 of 2018
and CMP.No.15559 of 2018
1. The Director of Elementary Education,
Chennai 600 009.
2. The District Elementary Education Officer,
Salem.
3. The Assistant Elementary Education Officer,
Salem Rural, Salem. ...appellants
Vs.
J.Edwin, (Retired) Headmaster,
Panchayat Union Middle School,
Majurakollapatti, Salam Panchayat Union,
No.2/1, Gokul Nagar, Chinna Thirupathi,
Salem 636008. ...respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 20.08.2014 in WP.No.12234 of 2012 passed by the Single Judge
of this Court.
For appellants : Mr.G.Nanmaran,
Special Government Pleader
For respondent : Mr.M.Ravi
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W.A.No.1941 of 2018
JUDGMENT
(The Judgment of the Court was delivered by R.SUBRAMANIAN, J)
Challenge in this appeal is to the order of the Writ Court directing the
payment of consolidated wages, deeming the petitioner to have been in
re-employment between 01.07.2011 to 31.05.2012.
2. It is a practice in the Education Department to re-employ the
Teachers in Schools till the end of the academic year irrespective of their
actual date of retirement. The respondent/petitioner attained the age of
superannuation on 01.07.2011. He sought for re-employment till
31.05.2012. The petitioner was denied re-employment for certain
discrepancies. The petitioner approached this Court challenging the said
rejection relying upon the judgment of the Division bench of this Court in
S.Sundarm vs. The Secretary, C.S.I. Diocese of Madras and Others,
wherein, it was held that re-employment is the right of the Students and the
same cannot be deprived in an arbitrary manner.
3. The learned Special Government Pleader appearing for the
petitioner placed reliance upon the judgment of the Division Bench of this
Court in the case of the Chief Educational Officer vs. P.S.Rajavel Durai,
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W.A.No.1941 of 2018
in WA.(MD).Nos.107, etc. batch of 2020, dated 16.03.2021, wherein the
Division Bench of this Court take a view that re-employment till the end of
the academic year is not an entitlement, but it is only an ex gratia grant
depending on the conduct of the Teacher.
4. We do not see any reason to deviate from the conclusion reached
by the Division Bench in P.S.Rajavel Durai case (cited supra). Once it is
concluded that the re-employment is not a matter of right, the denial of
re-employment by the Government for the reason that the petitioner was not
acting responsibly or that he has behaviours, which are not conducive to the
post of the Teacher, which he has hold, cannot be interfered. We do not
think, we direct the payment of consolidated salary, more so, when the
petitioner is not discharged his duty as a Teacher during the relevant period.
Hence, the appeal stands allowed and the order of the Writ Court stands set
aside. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.M.J.,) (S.S.K.J.,)
23.01.2023
Index : No
Speaking order: No
pvs
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W.A.No.1941 of 2018
R.SUBRAMANIAN, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
pvs
W.A.No.1941 of 2018
23.01.2023
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