STATE OF KERALA Vs. MANAGER

JUDGEMENT

(1.) THIS appeal is filed by the State of Kerala against the judgment dated 4.11.2011 in W.P(C) No. 15657/2004. The 1st respondent is the writ petitioner.

(2.) THE writ petition is filed seeking to quash Ext. P5, an order issued by the Government by which directions were issued to pay the teacher Smt. C.J. Jolly John the salary for the period for which she had worked and further observing that the entire amount has to be recovered from the concerned Manager. The Director of Public Instruction/District Educational Officer was directed to take follow up action in the matter and consequently Ext. P6 is issued calling upon the petitioner to pay Rs. 5,65,256/ - which is also impugned.

(3.) THE facts involved in this case would disclose that Smt. Jolly John was appointed in the school managed by the 1st respondent herein as Physical Education Teacher in a leave vacancy from 1.8.1989 to 4.10.1989 and from 4.8.1992 to 2.11.1992. Thereafter, she was appointed from 7.6.1993 in the post where a protected Physical Education Teacher was working and who retired from service on 30.6.1993. It is inter alia observed by the Government that since protected post ceased to exist with the retirement of the existing teacher, the post was abolished and therefore the appointment of the teacher was irregular. The appointment was not approved by the educational authorities in the absence of any sanctioned post. That apart, taking into consideration the student strength, a specialist teacher was inadmissible as per Rule 6B(2) of Chapter XXIII of KER.