HC: Govt school teachers have no right to seek re-employment

HC: Govt school teachers have no right to seek re-employment

Chennai:28.12.2021

Government school teachers retiring in the middle of an academic year do not enjoy any right to be re-employed for the rest of the year concerned, Madras high court has ruled.

Re-employment is not a matter of right and once the teacher attains the age of superannuation, the relationship between master and servant ceases, said a division bench of Justice S Vaidyanathan and Justice R Vijayakumar.

“A coordinate bench of this court on March 16 has categorically held that the state has passed another GO dated December 20, 2018 to the effect that teachers who attained superannuation during the middle of the academic year, will not be entitled to reemployment, when there are surplus teachers,” said the judges, allowing a state government appeal against a single judge order in favour of two teachers.

The government school teachers attained superannuation during the middle of academic year 2019-20. Citing a GO dated October 27, 1988, they claimed re-employment for the rest of the academic year. As the request was rejected, they moved the high court.

Opposing the plea, the government contended that there are surplus teachers on the same subject.

Refusing to concur, a single judge of the court relied on the 1988 GO and held that the teachers can be re-employed in the same school for the welfare of the students. tnn