IN THE HIGHCOURT OF JUDICATURE AT MADRAS

DATED: 25.09.2014

CORAM:

THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN

W.P.Nos.21392, 24844 and 24410 of 2014

and

M.P.Nos.1, 1 and 1 of 2014
 
. . . In respect of re-employment of College teachers, the competent authority is the Regional Joint Director of Collegiate Education and the power is derived from G.O.Ms.No.281, 300 referred to above and the proceedings of the Commissioner of Collegiate Education dated 14.09.1995, Director of Collegiate Education, dated 20.07.1976 and 6.6.2012 referred to above, and the College management is bound to send the proposal for re-employment with their remarks and final authority to take decision is the Regional Joint Director of Collegiate Education and the College management cannot refuse to send the proposal for re-employment even on the basis of punishment imposed on the teacher.

. . . The College Committee is directed to send the proposal for reemployment of the petitioner on or before 30.09.2014 and it is also open to them to state remarks for not recommending the petitioner for reemployment and it is for the Regional Joint Director of Collegiate Education concerned to take decision on the matter.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON: 15.07.2015

DATE OF DECISION: 27.07.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI

and

THE HON'BLE MR. JUSTICE M. VENUGOPAL

W.A. Nos.1345 to 1347 of 2014 and M.P. Nos.1 of 2014

. . . We are of the considered view that re-employment or continuation in service after attaining the age of superannuation in the middle of the academic year till the end of the academic year, is subject to the conditions stipulated in the proviso to Rule 16-A of the Code. Consequently, the Management is under an obligation to submit all the information/materials while recommending for continuation or non-continuation to the Regional Joint Director and it is for the Regional Joint Director alone, to take a final call in respect of continuation or not of the college teacher concerned.