R. BALAMURUGAN Vs. STATE OF TAMILNADU
LAWS(MAD)-2020-6-196
HIGH COURT OF MADRAS
Decided on June 09,2020

R. BALAMURUGAN Appellant
VERSUS
STATE OF TAMILNADU Respondents

JUDGEMENT

C.V.KARTHIKEYAN, J. - (1.) Since the issues involved in these writ petitions are one and the same, for disposal of these writ petitions the facts stated in W.P(MD)No.6576 of 2020 has taken up for discussion.
(2.) The instant Writ Petition has been filed in the nature of Certiorarified Mandamus to quash the impugned order passed by the first respondent in proceedings in G.O Ms.No.51 Personnel and Administrative Reforms (S) Department, dated 7.5.2020 and consequential impugned order passed by the first respondent in proceedings in Lr.No.11308/S/2020-1 dated 14.5.2020 and also sought for a direction to the respondents to extend the retirement age from 58 years to 59 years of the petitioner in terms of the G.O Ms.No.51 Personnel and Administrative Reforms (S) Department dated 7.5.2020. 2(a). Heard Mr.M.Ajmal Khan, learned Senior Counsel appearing for the petitioner. Mrs.S. Srimathy, Special Government Pleader takes notice for the respondents. Heard Mr.K. Chellapandian, learned Additional Advocate General for the respondents.
(3.) The petitioner was working as B.T. Assistant in Municipal Higher Secondary School, Karur, Karur District. The petitioner had retired on 31.03.2020 on reaching the age of superannuation and thereafter, he was granted re-employment upto 31.05.2020 as a Teacher in the Education Department. This has always been the practice, obviously for the welfare and in the interest of the students. If any teacher, particularly, in the higher secondary grade is granted extension then it is for the benefit of students. It is not any concession shown to the teacher. If the teacher is an expert in Maths or Physics and suddenly retires half way during the academic year then a new teacher cannot be expected to continue to teach the syllabus in the manner in which the students are accustomed. In such circumstances, re-employment was granted only in the Education Department and more particularly for higher secondary grade teachers. On the date of superannuation the employer and employee relationship had become frustrated. Out of a sense of duty, the teacher continues in service to teach the students with a noble object in mind. The teacher will be relieved from service and an order would be passed terminating the agreement on completion of the academic year. ;


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