‘Teachers superannuating in mid-academic year cannot be re-employed’: Madras HC

A bench of the Madras High Court has ruled that government school teachers, who reach the stage of retirement during the school year cannot be re-employed to complete the rest of the year.

The division bench, which was chaired by Justice S Vaidyanathan and Justice R Vijaykumar, said that on reaching the age of superannuation, a teacher’s relationship with the employer, in this case the government, also ceases. Therefore, the teacher will then have no right to call for re-election to service.

The court was hearing the plea of government school teachers from the district of Salem, who attained superannuation during the middle of the academic year of 2019-20, and hence, saw their employment getting terminated. With their plea, they sighted a government order which, they believe, legitimises their plea. The plea said that retired teachers are entitled to re-employment only if the district in which the school lacks surplus of teachers to take their place.

The group of former teachers approached the regional courts and after their plea for re-employment got rejected there, they approached the state’s high court. The Government had contended when the plea was initially brought up that there was already a surplus of teachers with the state. The teachers further elaborated in their plea that if their services are discontinued in the middle of the academic year, then it would have a direct implication on the academic preparation of students who were planning to partake in public-service examinations.

The Madras HC bench legitimised their call by observing a prior judgement passed which was to the effect that teachers who have attained superannuation will not be entitled to re-election to service.