A Division Bench, relying on recent precedents regarding re-employment of surplus teachers, allowed a Writ Appeal. The court set aside the lower court’s order dismissing the claim and closed connected petitions without costs.
The order dated 05.11.2019 in W.P.No.30141 of 2019 set aside; no costs awarded; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WA.No.135 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR JUSTICE K.KUMARESH BABU
W.A.No.135 of 2020 and CMP.No.1933 of 2020
K.Geethanjali .. Respondent
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WA.No.135 of 2020
PRAYER: Writ Appeal filed under under Clause 15 of the Letters Patent against the order dated 05.11.2019 in W.P.No.30141 of 2019.
For Appellants : Mr.UM.Ravichandran, Special Government Pleader
For Respondents : Mr.S.Nedunchezhiyan
J UDGMENT
[Order of the Court was made by D.KRISHNAKUMAR, J. ]
The matter in issue is squarely covered by a Division Bench decision of this Court dated 10.12.2021 made in W.A.Nos.259 of 2021 etc., batch [The Director of School Education, Chennai and others v. K.R.Komalam] , wherein the Division Bench of this Court has elaborately considered the issue as to whether a teacher is entitled for re-employment when declared as a surplus teacher in the light of G.O.Ms.No.261, School Education (Pa.Ka.5(2)) Department dated 20.12.2018 and also by relying upon the earlier Division Bench of this Court in W.A.No.107 of 2020 dated 16.03.2021 and ultimately dismissed the claim of the teachers concerned.
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WA.No.135 of 2020
of the Writ Court dated 05.11.2019 made in W.P.No.30141 of 2019 is set aside. No costs. Consequently, connected miscellaneous petition is closed.
(D.K.K., J.) (K.B., J.) 24.04.2024 Intex : Yes/No Internet : Yes/No Jvm
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WA.No.135 of 2020
D.KRISHNAKUMAR, J. and K.KUMARESH BABU, J.
Jvm
W.A.No.135 of 2020
24.04.2024
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3 issues framed by the court
Whether the Single Judge’s order dismissing the teacher’s claim for re-employment upon declaration as surplus should be set aside in light of recent Division Bench precedents.
Whether a teacher declared as surplus is entitled to re-employment under G.O.Ms.No.261.
Whether the Writ Appeal under Clause 15 of the Letters Patent deserves to be allowed.
Colour shows how this judgement treated each authority
The Director of School Education, Chennai and others v. K.R.KomalamFollowed¶20
The Director of School Education, Chennai and others v. K.R.Komalam
W.A.No.107 of 2020Followed¶20
1 provisions across 1 enactments
The Director of School Education
The Chief Educational Officer
The District Educational Officer
The Head Master
K.Geethanjali
D.Krishnakumar
K.Kumareswara Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
