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    S. PETER PATHINATHAN, v. THE STATE OF TAMILNADU,

    BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

    DATED: 04.06.209

    CORAM:

    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

    W.P.(MD) No.634 of 200

    S.Peter Pathinathan ... Petitioner vs.

    .The State of Tamilnadu rep.by its Secretary to Government School Education Department St.George Fort., Chennai-9 2.The Director of School Education Chennai-6

    3.The District Educational Officer Tuticorin District, Tuticorin ... Respondents

    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 order passed by the 3rdrespondent in his proceedings K.K.vz;. 3422/M3/0, dated 4.06.200, quash the same and consequentially to direct the respondents to pay the salary for the reemployment period. For Petitioner : Mr.M.E.Ilango

    For Respondents : Mrs.S.Srimathi

    Special Government Pleader

    2

    O R D E R

    The order of rejection dated 4.06.200 passed by the third respondent rejecting the claim of the writ petitioner for reemployment till the end of the academic year is under challenge in the present writ petition.

    2. The writ petitioner was working as Headmaster and the benefit of reemployment under the Government Order had not been extended to him on the basis of the fact that he was facing departmental disciplinary proceedings. In this regard, the District Educational Officer issued the impugned order dated 4.06.200.

    3. This Court is of the considered opinion that extension of service can never be claimed as a matter of right. Even as per the Government Policy, extension of service is to be granted strictly in accordance with the guidelines issued in this regard by the Government. If a Teacher maintains a good record of service, then the extension of service can be granted to him / her, otherwise, the authorities concerned can reject the claim of extension of service. This being the principle and to be followed, the impugned order of rejection is in consonance with the Government Policy.

    3

    4. This apart, the writ petitioner attained the age of superannuation long back and at this point of time, the benefit of extension of service cannot be extended to him.

    5. Accordingly, the writ petition is devoid of merits and stands dismissed. No costs.

    04.06.209

    Index : Yes / No Internet : Yes / No krk

    To:

    .The Secretary to Government, School Education Department, St.George Fort., Chennai-9. 2.The Director of School Education, Chennai-6.

    3.The District Educational Officer, Tuticorin District, Tuticorin.

    4

    S.M.SUBRAMANIAM,J.

    krk

    W.P.(MD) No.634 of 200

    04.06.209

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    S. PETER PATHINATHAN, v. THE STATE OF TAMILNADU,
    (Jun 4, 2019)