MARY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner B. D. Mary retired as Headmistress on 30-6-1992. After seeking the explanation by notice dated 19-10-1993 (Ext. P3), the District Educational Officer, the Respondent No. 3, and the State of Keralafixed a sum of R s. 1 ,08,063 /-as her liability to the Government on account of the irregularities committed by her. This was done by Order No. B5. 14135/93 dated 2-5-1994 (Ext. P5 ). THE petitioner impugns this order.

(2.) THE manner in which the petitioner is alleged to have caused loss to the Government is this. THE Government Order GO. MS. 81/88/g. Edn. dated 11-4-88 announced the Government's policy in regard to the promotion of pupils from one Standard to another. This petition is concerned with promotion of pupils from Standards V, VII and IX. In respect of these standards the Government's policy directs the schools that a minimum of 80% pupils must be promoted. When the petitioner was the Headmistress students of Standards V, VII and IX were detained. THEir number was in excess of the prescribed 80%. This resulted in the employment of more teachers thereby compelling the Government to pay their salaries. This is how the Government claims to have incurred the loss on account of the petitioner's conduct.

(3.) IN my opinion, the respondents were in error in holding that the petitioner is liable for the pecuniary loss resulting from legitimate performance of duties under R. 13 of the Kerala Education Rules.