HABUSATH BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE Petitioners in W.P.(C) 32342/2008 challenges Exhibits P4, P5, P6 and P9 and also seeks a direction to the respondents to retain the petitioners as UPSA in the 5th respondent school and for declaration that the petitioners are entitled for salary with effect from 15.07.2006. They also seek a direction to the respondents to sanction two posts of UPSA in the said school for the academic year 2006-07 and for consequential reliefs.

(2.) THE petitioners are the Upper Primary School Assistants in the 5th respondent school. The 4th respondent by an order dated 13.07.2006 directed staff fixation of the 5th respondent school for the academic year 2006-07 and sanctioned eleven posts of UPSA and two post of Language Teacher (LG) Hindi. From the said post two post of UPSA and one post of LG (Hindi) was abolished due to reduction of division.

(3.) BEING aggrieved by Exts. P4, P5 and P6, the 5th respondent filed a revision before the 1st respondent. Ext. P7 is the revision petition. When it was not considered, they filed W.P. (C).No.5597/2008 which was disposed of by the judgment dated 18.02.2008 directing the first respondent to take a decision on the revision, in accordance with law. The revision was dismissed approving the decision of the 2nd respondent and Ext. P9 is the said order. According to the petitioners, Ext. P9 order is illegal as it violates Rule 15 of Chapter XXIII of KER. According to them, there was sufficient reasons for the absence of the students during the visit by the Super Check Cell which was duly explained to the department. Still further, it is contended that as per Rule 12 Chapter XXIII of the KER the staff strength sanctioned by AEO will exist till 14.07.2007 and the petitioners were working against the sanctioned post. The direction to recover the salary paid to the petitioners commencing from 15.07.2006 therefore cannot be be made.