M JAYASREE Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST two petitioners are Upper Primary School Assistants and the 3rd petitioner is a Peon of the A.M.U.P. School, Pazhoor in Malappuram district. They were appointed in 2003 by the Manager. Their appointments were approved by the Assistant Education Officer. They were paid salary pursuant to that approval till June, 2005. Thereafter, their salaries were withheld. That was on the ground that their appointments were wrongly approved, since the 4th respondent- Manager had not appointed protected teachers before appointing the petitioners, which was a mandatory requirement as per the Government orders on the subject. Subsequently, the Government issued Ext.P3 order condoning the irregularity and directing that the appointments of the petitioners along with similarly situated other employees of the aided schools be approved with effect from 1.2.2006 without any retrospective effect. Thereafter, the Manager filed representations for payment of arrears of salary to the petitioners from June, 2005 till January, 2006. By, Ext.P4 order, the Additional Director of Public instructions directed the Assistant Education Officer to consider the same in accordance with Ext.P3 oder. Pursuant to the same, by Ext.P5, the Assistant Education Officer rejected their claim on the ground that as per Ext.P3 Government order, the petitioners are eligible for salary only with effect from 1.2.2006. The Manager again represented to the Director of Public Instructions. By Ext.P6, the Director of Public Instructions again directed the Assistant Education Officer to consider the claim in accordance with Ext.P3 order. Again, by Ext.P8 order, the claim of the Manager for payment of arrears of salary to the petitioners for the period prior to 1.2.2006 was not only rejected but it was directed that the salary paid to the petitioners upto June, 2005, be recovered from the petitioners. The petitioners seek the following reliefs:

(2.) A counter affidavit has been filed by the 3rd respondent supporting the impugned order.

(3.) BUT I find that the petitioners cannot be blamed for the situation in which they are. If at all anybody is liable, it is only the Manager, who appointed the petitioners and the Assistant Education Officer, who approved such appointments illegally. Therefore, I am of opinion that the amounts ordered to be recovered by Ext.P8 should be recovered from the Manager and the Assistant Education Officer. I further note that the Government has taken steps to recover the salary paid to the petitioners from the Assistant Education Officer, against which, the Assistant Education Officer has filed W.P.(C). No.17667/2008, which is also posted along with this writ petition, which has been dismissed for default. Therefore, I direct that the salary paid to the petitioners for the period from the date of their appointments till May, 2005 be recovered from the Manager and the Assistant Education Officer. To that extent Ext.P8 would stand modified. In all other respects Ext.P8 is confirmed. The writ petition is disposed of as above.