P.Jansi, Headmistress v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.667 of 2018 and W.M.P.(MD) Nos.692 and 693 of 2018 P.Jansi

...Petitioner

Vs.

1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The District Educational Officer, Tirunelveli District.

3.The Assistant Account Officer, Office of the Accountant General (A&E), Chennai - 600 018.

4.The Correspondent, Cathedral Higher Secondary School, Palayamkottai, Tirunelveli District.

5.The Manager, TDTA High Schools and Higher Secondary School, Tirunelveli.

(R5 has been suo motu impleaded vide Court order dated 11.01.2018 in W.P.(MD) No.667 of 2018 )

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to re-employ the petitioner from the date of age of superannuation as per the order passed by this Court in W.P.No.13951 of 2017 and further directing the respondents to process the pension proposal of the petitioner and to pay the monthly pension of the petitioner from 01.08.2017 and disburse the retirement benefits.

For Petitioner : Mr.G.Prabhu Rajadurai For R1 & R2 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R3 : Mr.P.Gunasekaran For R4 : Mr.K.Guhan For R5 : Mr.Bharathan for Mr.T.R.Jeyapalam

O R D E R

The petitioner was employed as Headmistress in the fourth respondent school. She reached the age of superannuation on 31.07.2017. Since the date of superannuation fell within the middle of the academic year, she was obviously entitled to re-employment. However, the petitioner was not re-employed. Therefore, this writ petition was filed.

2.Mr.C.Wilson, Correspondent of the fourth respondent school is present today before this Court.

3.The learned counsel appearing for the school management would contend that there was an act of waiver on the part of the petitioner and that is why a third party was appointed in her place. Be that as it may, this Court suggested to on either side to resolve the issue amicably. The suggestion made by this Court was taken well by either side. The school management now decided host a farewell party to honour the writ petitioner on 19.04.2018. The learned counsel for the school management further states that the school management proposed to give a cash reward of Rs.1,00,000/- to the petitioner.

4.The learned counsel for the petitioner submitted that the petitioner gracefully accepted the stand taken on either side. This Court places on record the appreciation for the fair stand taken by the parties on either side as well as the respective counsel. 5.Accordingly, this writ petition stands closed. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Chief Educational Officer, Tirunelveli District, Tirunelveli.

2.The District Educational Officer, Tirunelveli District.

+1cc to M/S.G.Prabhu Rajadurai, Advocate SR.No. 58681 +1cc to M/S.P.Gunasekaran, Advocate SR.No. 58775 +1cc to M/S.K.Guhan, Advocate SR.No. 58270 +1cc to M/S.T.R.Jeyapalam, Advocate SR.No. 58275 +1cc to Special Government Pleader, SR.No. 58947 W.P.(MD) No.667 of 2018 27.03.2018 mm JM/SKN RSK/SAR 4/13.06.2018/3P/8C