Teachers retiring mid-year not entitled for re-employment

CHENNAI: Setting aside a single judge’s order, the Madras High Court held that government school teachers attaining the superannuation age in the middle of an academic year are not entitled to be reemployed.

Justice R Vijayakumar issued the order after allowing a writ appeal filed by the Directorate of School Education challenging a single judge’s order dated Nov 15, 2019, allowing teachers to get re-employment after attaining superannuation age.

Highlighting an earlier verdict of a division bench of the High Court dated March 16, 2021, that reemployment was not a matter of right, as the relationship between the master and servant ceases once a teacher attains the age of superannuation, the judge accepted the School Education Department’s contentions.

According to the government counsel, as per the government order (GO No 261) of the School Education Department dated December 20, 2018, the retired teachers would be entitled to re-employment, but it would be subject to the condition that there are no surplus teachers in the district.

Recording the submission, the judge noted that the coordinate bench found the GO was a policy decision of the government to the effect that the teachers who attained superannuation age during the middle of the academic year would not be entitled to reemployment when there are surplus teachers.

The bench said it is in agreement with the findings of the coordinate bench, and dismissed the writ petitions by the teachers and allowing the writ appeals by the government.

The matter is related to government’s decision not to extend re-employment to teachers from Salem who had attained superannuation, pointing out that the decision was taken based on the 2018 GO.