SHEEJADHARAN Vs. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTM

JUDGEMENT

(1.) The reach, bounds and operational amplitude of the power of the Government to recover amounts from the Manager of aided schools in Kerala under Rule 7(4) of Chapter III of the Kerala Education Rules is called into attention once again in this writ petition.

(2.) One among the writ petitions, namely W.P. (C).No.33833/2010, has been filed by the Manager of an Aided School, who impugns the order issued by the competent Authorities directing action against him under Rule 7(4) of KER, which contains an allegation that he had, in defiance of the lawful orders issued by the Authorities, appointed an incompetent person into the post of HSA in the school, disregarding a better claim of another teacher by name Smt. Sheejadharan.

(3.) The petitioner's contention is that unless the authorities are able to demonstrate that his actions, even if it is found to be improper or illegal, has occasioned actual loss to the Government, then no action under Rule 7(4) of KER can be legally pursued or concluded against him. His assertion in this writ petition is that even if all the allegations against him are taken as being true, it would only show that he had preferred an ineligible teacher, but not that, on account of this, the Government had suffered any loss, because as regards as Smt. Sheejadharan, the teacher found eligible by the Authorities is concerned, the Government itself, by a subsequent order, had denied her the pay and allowances during the period which the ineligible teacher had worked.