The central legal point established in the judgment is the statutory right of teachers to reemployment till the end of the academic year upon attaining superannuation, as provided by G.O.Ms.No.1643, Education (U2) Department.

The writ petition is filed against the order of the third respondent dated 30.06.2006 under which the third respondent has denied the claim of the petitioner for reemployment till the end of the academic school year 2006-2007 on the ground that the service of the petitioner as teacher is less than 10 years and he was not eligible for pensionary benefits.

2. The petitioner worked as B.T. Assistant (History) in the Government Higher Secondary School, Kilpennathur till the date of superannuation i.e. upto 30.06.2006. As per G.O.Ms.No.1643, Education (U2) Department, dated 210. 1988, the petitioner is eligible for reemployment on attaining the age of superannuation till the end of the academic year i.e. upto 35. 2007. The Petitioner, while in service, on 02.06.2006, has made a request to the Headmaster, the fourth respondent herein, expressing his desire to have reemployment at the age of superannuation till the end of academic school year. He has also enclosed a certificate of physical fitness issued by the competent medical authority. Apart from that the petitioner enclosed a certificate issued by the fourth respondent, the Headmaster, stating that there are no disciplinary proceedings pending against the petitioner. It was after considering all the above facts, the third respondent has passed the impugned order rejecting the claim of the petitioner on the basis that the petitioner has served as teacher only for 7 years and 7 months and therefore he is not eligible for pension and on that basis the right of reemployment was denied.

3. The third respondent also filed a counter affidavit. The only reason given in the counter affidavit for denying the right of the petitioner is that, as I have narrated earlier, the petitioner has not completed 10 years of service and therefore not eligible for pension under the relevant pension rules and on that ground only the reemployment is rejected.

4. On the other hand, in paragraphs 3 and 4 of the counter affidavit, it is categorically admitted that the petitioner is complying with all pre-requisite qualification namely that his character and conduct are good and he was physically fit and there was no disciplinary proceedings pending against him. It is relevant to extract the paragraphs 3 and 4 of the counter affidavit hereunder;-

"3. It is a fact that the petitioner retired on 30.06.2006 on superannuation. He worked as B.T. Assistant in Government Higher Secondary School, Kilpennathur. He had put in a service of only less than 7 years which will not be taken into account for pension as per Rule 43(2) of the Tamil Nadu Pension Rules. Therefore the third respondent the Chief Educational Officer, Tiruvannamalai denied reemployment till the school year 20062007.

4. Though he is having the pre-requisite qualification such as character and conduct and physically fit and have no disciplinary action, he has not completed 10 years of service to become eligible for pension. As per Pension Rules 43(2) only after becoming eligible for pension, his reemployment pay could be fixed. Reemployment pay is equal to pay last drawn minus pension."

5. The provisions of G.O.Ms.No.1643, Education (U2) Department, dated 210. 1988 makes it very clear about the pre-requisite conditions for the purpose of reemployment in respect of teachers who have attained the age of superannuation during the middle of academic year which are as follows;

1. The Character, and the conduct of the teacher should be satisfactory.

2. They should be physically fit to continue in service.

Apart from these two conditions there are no other reasons given under the said Government Order for denying the right of the petitioner to have reemployment till the end of the academic year.

6. In view of the above said proposition, it is not known as to why the respondents have taken a stand that the petitioner has not put in required minimum year of service for pension and only after becoming eligible for pension, his reemployment pay