Teachers attaining superannuation age are not entitled to re-employment, says High Court

Justice R Vijayakumar passed this order on allowing a writ appeal filed by the Directorate of School Education challenging a single judge’s order dated 15.11.2019 allowing teachers to get re-employment after attaining superannuation age.

Highlighting an earlier verdict of a division bench of Madras HC dated March 3, this year, that reemployment is not a matter of right once a teacher attains the age of superannuation, the relationship between master and servant ceases, the judge accepted the contentions of the school education department.

As per GO No 261 of the school education department, dated 20.12.2018, though the retired teachers would be entitled to re-employment, but subject to the condition that there are no surplus teachers in the district, according to the government counsel.

On recording that submission, the court contended that the coordinate bench found that the GO passed by the school education department is a policy decision of the government to the effect that the teachers who attained superannuation age during the middle of the academic year, will not be entitled to reemployment when there are surplus teachers.

"We are in agreement with the findings of the coordinate bench,” Justice Vijayakumar held while dismissing the writ petitions by the teachers and allowing the writ appeals by the government.

The matter is related to the decision of the government not to extend reemployment to the teachers from the Salem district who attained superannuation age. The government claimed that the decision was based on a GO passed by the school education department in 2018. The teachers further contended that if they are discontinued in the mid of the academic year, students preparing for public examinations would be affected.