KISHORE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had worked as Upper Primary School Assistant at High School, Ranni, from 19.8.2005 onwards and was in continuous service against a sanctioned post from 5.6.2006 onwards. As per the staff fixation for the year 2008-2009, there existed the post of UPSA in which the petitioner was accommodated. But in an inspection conducted at the school by the Super Check Cell, it was found that there were bogus admissions and hence the staff fixation was liable to be modified. After issuing notice to the Manager, the Headmistress, and the concerned teachers, including the petitioner, the Director of Public Instructions issued Exhibit P4 proceedings reducing one post of UPSA and one post of High School Assistant in the school with effect from 15.7.2009. Consequently, the petitioner was retrenched from the post of UPSA.

(2.) In Exhibit P4 proceedings, the Director of Public Instructions had found that, the Headmistress of the School is responsible for the bogus admissions resulting in increase in the number of students and consequently, the number of staff. It was therefore directed that the loss sustained to the Government by way of payment of salary to the teachers, who had worked in the irregular posts, shall be recovered from the Headmistress.

(3.) Aggrieved by Exhibit P4, which resulted in her retrenchment, the petitioner filed revision before the Director of Public Instructions which was rejected as per Exhibit P6, reiterating the stand that the loss sustained by the Government should be recovered from the Headmistress of the School. In Ext. P6 it was further directed to examine the eligibility for protection including 1:40 ratio and to extend that benefit to the affected teachers, if found eligible. The petitioner challenged Exhibit P6 by way of a further revision before the Government under Chapter XXIII Rule 12F of KER, resulting in Exhibit P9, once again rejecting the petitioner's revision. Later, the petitioner was served with a copy of Exhibit P10 communication issued by the District Educational Officer to the Block Project Officer, Block Resources Centre, (SSA), Ranni, requiring the said officer to recover an amount of Rs. 1,42,297/- from the petitioner, who, was reappointed as cluster-co-ordinator. The direction was to recover the amount in 36 equal monthly installments from the salary of the petitioner.