K.Vaithilingam v. The Directorate Of Elementary Education
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 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
J U D G M E N T
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(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 2/4
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 reemployment 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 gya 3/4
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 4/4