Southern States - Tamil Nadu   

Partial stay on G.O. cancelling re-employment scheme

By Our Special Correspondent

CHENNAI Dec. 22. The Madras High Court has granted partial stay of the operation of the Higher Education department G.O dated November 29, 2002, which cancelled the reemployment scheme for teachers retiring in mid-academic year.

The stay will cover only those college teachers who have been granted reemployment since June 1, 2002, Justice R. Balasubramanian said passing interim orders on a petition filed by the Association of University Teachers.

According to the petitioners, a G.O passed in February 1959 said teachers retiring in the middle of an academic year (i.e after June 2 of every year, could serve till the end of the academic year up to 31st May of the subsequent calendar year) on re-employment basis.

For this period they would get salary minus pension.

This scheme was extended to college teachers in June 1976, as it was felt that students would be put to difficulty if lecturers retired in the middle of the year or transferred.

Since then, teachers were given service extension.

But, the G.O M. No. 325 passed by the Higher Education department, cancelled the reemployment scheme, as if that scheme was issued only to avoid transfer of lecturers in the middle of the year.

The G.O also directed issue of a month's notice to lecturers. Based on this the Director of Collegiate Education issued a format to college principals stating that the persons under extension of service on re-employment basis would be relieved from duty on December 28, 2002.

The G.O and the subsequent letter, the AUT contended, deprived teachers on reemployment their legitimate benefit.

The order had no nexus with the objective sought to be achieved, as students would be deprived of the benefit of having the same lecturer for the rest of the year.

Even so, the order had been issued without teachers being given any notice calling for explanation or representation from them, the petition said and sought an order to quash the G.O.

Mr. Justice Balasubramanian on Friday stayed the order in respect of persons who had been given reemployment from June 1.

He ordered notice to the respondents and said he would pass further orders upon hearing the Government.

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