SUMANGALA Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant who is a member of the Kerala General Education Service was sent on deputation in July 2004, as a Block Resource Centre Trainer to impart training to school teachers at Alappuzha. The above training programme was being conducted by the Sarva Shiksha Abhiyan (SSA), a project sponsored by the Central Government. At the time of deputation, Appellant was working as High School Assistant (Hindi) in Government High School, Paravoor in Alappuzha District.

(2.) While continuing on deputation Appellant submitted a request to her appointing authority, the Deputy Director of Education, Alappuzha to allow her to retire from service voluntarily, with effect from March 31, 2008. The said request was made by the Appellant on February 8, 2008 as could be seen from Ext.P2. But, on April 2, 2008 Appellant submitted Ext.P5 application before the Deputy Director requesting him to drop all further proceedings on her application for voluntary retirement and allow her to continue in service.

(3.) It is on record that Appellant continued as Block Resource Centre Trainer in Sarva Shiksha Abhiyan even thereafter. In the meanwhile in September, 2008 and June, 2009 the Deputy Director is seen to have issued notice to the Headmistress of the Government High School, the parent institution where the Appellant had been working as High School Assistant prior to her deputation, to take steps to recover the salary and allowance paid to the Appellant after March 31, 2008, the date on which the Appellant wished to retire from service.