P.B.Christabel Helen v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA and W.M.P.(MD).Nos.15303 & 15304 of 2024 P.B.Christabel Helen ... Petitioner Vs.
1.The Director of School Education, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Kanyakumari District at Nagercoil - 629 001.
3.The District Educational Officer (Secondary), Marthandam - 629 165, Kanyakumari District.
4.The Correspondent, LMS Boys Higher Secondary School, Marthandam - 629 165, Kanyakumari District.
5. The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71a Dennis Street, Nagercoil - 629 001.
... Respondents 1/8
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the fifth respondent Corporate Manager in C.M.Lr.No.3/2024-2027, dated 23.07.2024, quash the same and further direct the respondents to permit the petitioner to continue in service as Headmistress in the fourth respondent school namely, LMS Boys Higher Secondary School, Marthandam, Kanyakumari District till the end of the academic year 2024-2025 ie., till 31.05.2025 from 01.08.2024 with all attendant benefits. For Petitioner : Mr.S.Xavier Rajini For R-1 to R-3 : Mr.T.Amjadkhan, Government Advocate For R-4 : Mr.S.C.Herold Singh For R-5 : Mr.F.Deepak
O R D E R
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. Heard Mr.S.Xavier Rajini, learned counsel appearing for the petitioner, Mr.T.Amjadkhan, learned Government Advocate appearing for respondent Nos. 1 to 3, Mr.S.C.Herold Singh, learned counsel appearing for the fourth respondent, Mr.F.Deepak, learned counsel appearing for the fifth respondent. 2/8
3. This Writ Petition has been filed challenging the impugned proceedings issued by the fifth respondent / Corporate Manager in C.M.Lr.No. 3/2024-2027, dated 23.07.2024 and further to direct the respondents to permit the petitioner to continue in service as Headmistress in the fourth respondent school, viz., LMS Boys Higher Secondary School, Marthandam, Kanyakumari District till the end of the academic year 2024-2025 ie., from 01.08.2024 to 31.05.2025 with all attendant benefits.
4. The petitioner is now working as Headmistress in the fourth respondent School. The petitioner had to retire from service in the end of July 2024, i.e., on 31.07.2024.
5. Mr.S.Xavier Rajini, learned counsel appearing for the petitioner submitted that in view of the Government Order in G.O.(Ms).No.115, School and Education Department, dated 28.06.2022, the Teachers who attain the age of retirement in the middle of the academic year have the right to continue in service till the end of that academic year. As such, the petitioner is entitled to continue in service upto the end of the academic year i.e., 31.05.2025. The petitioner submitted an application to the fourth respondent on 01.05.2024. But the same was not considered by the fourth respondent. Thereafter, on 3/8
28.06.2024, the petitioner submitted another application to the fifth respondent and the fifth respondent returned the same and passed an impugned order on 23.07.2024 stating that the proposal was forwarded without getting recommendation from the fourth respondent. Challenging the same, the present Writ Petition has been filed.
6. The issue on hand is no longer a res-integra. This Court has already dealt with a similar issue in W.P.(MD).No.10513 of 2024 dated 29.04.2024 in the case of the Correspondent, St.Joseph's High School, Karunyapuram Post-629 176, Kanyakumari District Vs. The State of Tamil Nadu, Represented by its Secretary, Department of School Education, Fort St.George, Chennai-600 009. Similarly placed person has already approached this Court through the above petition and got favourable orders in his favour, wherein, it is held as follows :
"5. As per G.O.(Ms)No.115, School and Education Department, dated 28.06.2022, if a Teacher happens to retire in the middle of the Academic Year, his/her services can be utilized till the end of the Academic Year by re-employment. But, there are two conditions for reemployment. One is that the conduct of the Teacher should be satisfactory and second is the Teacher has got the physical fitness to handle the classes.
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6. The impugned order does not state anything adverse about the conduct of the Teacher or her physical fitness. It is stated that the period starting from 01.04.2024 has got less significance for learning. It is a surprise to see such a reasoning when the Government Examinations are held during the month of April only. B.T. Assistant does not take classes only for those students who go for public Examination in the month of March, but also, for other students, whose annual examination usually be held in the month of April. So far as, the reason of presumed excess is concerned, it is not relevant because the appointment has not been made afresh, but a re-employment for a short tenure in compliance with the G.O.(Ms)No.115, School and Education Department, dated 28.06.2022. Since the impugned order has been passed without properly appreciating the import of the G.O.(Ms)No.115, School and Education Department, dated 28.06.2022, and it does not postulate any condition as to the surplus etc., the same is liable to be set aside. '
7. In view of the above reasons, the writ petition is disposed of and the impugned order of the fifth respondent in Oo.Mu.No. 1363/A6/2024 dated 03.04.2024 is set aside and the fifth respondent is directed to pass orders to re-employ Sr.A.Elizabeth Rani till the end of the Academic Year 2023-24 as requested by the petitioner and pass orders within a period of two weeks from the date of the order. No costs. Consequently, the connected miscellaneous petition is closed." 5/8
7. In view of the above, the writ petition is allowed and the impugned order of the fifth respondent in C.M.Lr.No.3/2024-2027, dated 23.07.2024, is set aside and the fifth respondent is directed to permit the petitioner to continue in service as Headmistress in the fourth respondent school, viz., LMS Boys Higher Secondary School, Marthandam, Kanyakumari District till the end of the academic year 2024-2025 with all attendant benefits as requested by the petitioner and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 30.07.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG To 1.The Director of School Education, College Road, Chennai - 600 006.
2.The Chief Educational Officer, Kanyakumari District at Nagercoil - 629 001.
3.The District Educational Officer (Secondary), Marthandam - 629 165, Kanyakumari District.
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4.The Correspondent, LMS Boys Higher Secondary School, Marthandam - 629 165, Kanyakumari District.
5. The Corporate Manager, CSI Corporate Schools, CSI Diocese of Kanyakumari, No.71a Dennis Street, Nagercoil - 629 001.
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R.N.MANJULA, J.
TSG 30.07.2024 8/8