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K.Vaithilingam vs The Directorate Of Elementary ...
2024 Latest Caselaw 19766 Mad

Citation : 2024 Latest Caselaw 19766 Mad
Judgement Date : 21 October, 2024

Madras High Court

K.Vaithilingam vs The Directorate Of Elementary ... on 21 October, 2024

Author: S.S.Sundar

Bench: S.S.Sundar

                                                                                  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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