Madras High CourtWP(MD)/4882/2019dismissed

A.Rathinam, v. The Chief Educational Officer

2022-12-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.3886 of 2019 A.Rathinam ... Petitioner Vs.

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

2. The Headmistress, Government Municipal Girls Hr.Sec.School, Ramanathapuram - 623 504, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent i.e., the Chief Educational Officer, Ramanathapuram relating to O.Mu.No.1180/A2/2019 dated 11.02.2019 and quash the same and consequently directing the respondents to allow the petitioner to continue in service till the end of 1/4

the academical year i.e., 31.05.2019.

For Petitioner : Mr.S.Visvalingam For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This writ petition is filed seeking re-employment after attaining superannuation.

2. The respondents have filed a counter affidavit stating that the petitioner was declined reemployment, since there are surplus teachers in the Department, whereby, the Government is incurring huge loss by paying Rs.37,17,59,509/- and hence, the petitioner is not entitled to. Subsequently, the Government has also issued G.O.Ms.No.261, Educational Department, dated 20.12.2018, whereby, under Clause 7 Sub-clause(iii) it is stated that if there is any surplus teacher in the same school or in the same District, then re-employment shall not be granted on superannuation of the teacher. Therefore, this petition cannot be 2/4

entertained. The petitioner is not entitled to re-employment for the said period.

3. Hence, this Writ Petitions is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09.12.2022 Index :

Yes / No Internet :

Yes / No jbr To

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

2. The Headmistress, Government Municipal Girls Hr.Sec.School, Ramanathapuram - 623 504, Ramanathapuram District.

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S.SRIMATHY, J jbr Order made in 09.12.2022 4/4