USHAKUMARI M Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this writ petition is against Exts.P3 and P4 orders directing cancellation of approval granted for the appointment of petitioner as Lower Primary School Assistant (LPSA) from 23.02.1999 and further directing recovery of salary paid to the petitioner.

(2.) The petitioner was appointed in a regular resignation vacancy as LPSA in an aided school with effect from 23.02.1999. The appointment was approved from 23.02.1999 to 31.03.1999 and from 01.06.1999 to 14.07.1999. It is submitted that there was fall in students strength and in the staff fixation order for the year 1999-2000, one post of LPSA was reduced. Consequently, petitioner was retrenched on 14.07.1999. It is submitted by the learned counsel for the petitioner that an appeal was preferred by the Manager against staff fixation order for the year 1999- 2000 and the petitioner was held to be eligible to continue, invoking 1:40 ratio since the petitioner had approved service with effect from 23.02.1999. However, by Ext.P3 order dated 25.09.2013, on the basis of Local Audit Report of the accounts of aided L.P/U.P schools, Government passed an order stating that the petitioner had been appointed on 23.02.1999 and had worked only 37 days in the academic year and was therefore not eligible for getting approval of scale of pay based on Rule 7A of Chapter XIVA KER. It is further stated that retention under 1:40 ratio is applicable only to retain a teacher who had approved service in the previous year. It is therefore held that since the petitioner was ineligible for approval during 1998-1999, her retention during next academic year is also irregular. By Ext.P4 proceedings, the Assistant Educational Officer had taken steps pursuant to the Government Order to cancel the appointment and to recover the salary already paid. These orders are under challenge.

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader.