Citation : 2024 Latest Caselaw 19766 Mad
Judgement Date : 21 October, 2024
W.A.No.2724 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.2724 of 2024
K.Vaithilingam .. Appellant
Vs.
1.The Directorate of Elementary Education
O/o.The Directorate of Elementary Education
DPI Building, College Road
Chennai 600 006
2.The District Elementary Education Officer
O/o.The District Elementary Education
2nd Floor, Collectorate Buildings
Ariyalur 621 704
3.Block Educational Officer
O/o.The Block Education
Sendurai 621 714
Ariyalur District .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order
dated 24.07.2024 passed by the learned Judge in W.P.No.20762 of 2024.
For Appellant : Mr.T.Deenadhayalan
For Respondents : Mr.J.C.Durairaj
Additional Government Pleader
JUDGMENT
https://www.mhc.tn.gov.in/judis
(Delivered by S.S.SUNDAR, J.)
This appeal is directed against the order dated 24.07.2024 passed by the
learned Single Judge in W.P.No.20762 of 2024.
2. The appellant filed a writ petition for issuance of a writ of mandamus
directing the 3rd respondent to consider his re-employment application dated
22.06.2024 in the Panchayat Union Primary School, Pazhamalainathapuram,
Sendurai Block, Ariyalur District.
3. Brief facts of the case are as follows :
The appellant, who was working as a Head Master in the Panchayat
Union Primary School, Pazhamalainathapuram, Sendurai Block, Ariyalur
District, was permitted to retire upon attaining the age of superannuation on
30.06.2024. While so, the appellant submitted an application seeking
re-employment to continue till the end of the academic year 2024-2025. Since
the said application was not considered, the appellant filed the above said writ
petition. The appellant himself admitted that he was imposed with punishment
and the same was under challenge before this Court in W.P.No.12783 of 2024.
The learned Single Judge, by order dated 24.07.2024 in W.P.No.20762 of 2024,
dismissed the writ petition holding that the re-employment is not a matter of
https://www.mhc.tn.gov.in/judis
right and it constitute a fresh employment, challenging which the present writ
appeal has been preferred.
4. Even in the G.O.Ms.No.261 School Education Department, dated
20.12.2018, that was relied upon by the learned counsel for the appellant
regarding re-employment, it is stated that the conduct of the Teacher seeking re-
employment should be satisfactory. Having admitted that the appellant has
suffered minor punishment for misconduct, his application for re-employment
need not be considered.
In view of the above, this writ appeal is dismissed as being devoid of
merits. No costs.
[S.S.S.R.,J.] [A.D.M.C., J.]
21.10.2024
Index : Yes/No
Neutral Citation : Yes/No
gya
https://www.mhc.tn.gov.in/judis
S.S.SUNDAR, J.
AND A.D.MARIA CLETE, J.
gya To
1.The Directorate of Elementary Education O/o.The Directorate of Elementary Education DPI Building, College Road Chennai 600 006
2.The District Elementary Education Officer O/o.The District Elementary Education 2nd Floor, Collectorate Buildings Ariyalur 621 704
3.Block Educational Officer O/o.The Block Education Sendurai 621 714 Ariyalur District
21.10.2024
https://www.mhc.tn.gov.in/judis
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