V.S. Remadevi vs State Of Kerala
2021 Latest Caselaw 2347 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                          WP(C).No.29954 OF 2012(T)


PETITIONER:

                V.S. REMADEVI
                HEADMISTRESS(RETIRED)P.G.M.BOYS HIGH SCHOOL, PARAKODE,
                NEDIYAKALAYIL, PUTHUSSERRYBHAGOM , VAYALA P.O.,PATHANAMTHITTA
                , PIN-691554

                BY ADVS.
                SRI.M.V.BOSE
                SMT.NISHA BOSE
                SRI.VINOD MADHAVAN

RESPONDENTS:

       1        STATE OF KERALA
                REP.BY THE SECRETARY TO GOVERNMENT , GENERAL EDUCATION
                DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM

       2        THE DEPUTY DIRECTOR OF EDUCATION
                PATHANAMTHITTA , THIRUVALLA

       3        THE DISTRICT EDUCATIONAL OFFICER
                PATHANAMTHITTA

       4        THE MANAGER
                P G M BOYS HIGH SCHOOL, PARAKODE-691554(VIA)PATHANAMTHITTA

       5        THE HEADMISTRESS
                P G M BOYS HIGH SCHOOL, PARAKODE-691554(VIA)PATHANAMTHITTA

       *ADDL    A.M.JAYALEKSHMY
       R6       AGED 72 YEARS
                W/O LATE DR.GOPINATHAN NAIR, PRASANTHI, M.G.ROAD, ADOOR,
                PATHANAMTHITTA.

                *(ADDL R6 IS IMPLEADED AS PER ORDER DATED 25.5.2015 IN
                IA.NO.6439/2015)

       *ADDL    SWAMI THURIYAMRITANANDA PURI
       R7       AGED 50 YEARS
                MANAGER, RESIDING AT MATHA AMRITHANADAMAYI MATH, REPRESENTING
                THE MATHA AMRITANANDAMAYI SEVIKA MADAM, AMRITAPURI, KOLLAM.

                *(ADDL R7 IS IMPLEADED AS PER ORDER DATED 21.7.2015 IN
                IA.NO.10053/2015)


                BY ADV. SRI.ARUN.B.VARGHESE
                BY ADV. SMT.M.B.DHANYA BABU
 WP(C).No.29954 OF 2012(T)

                                      2



                 BY ADV. SRI.JAYKAR.K.S.
                 BY ADV. SRI.T.K.MOHANAN NAIR
                 BY ADV. SRI.C.RAJENDRAN

OTHER PRESENT:

                 SRI. P.M.MANOJ - SR.GP

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29954 OF 2012(T)

                                       3




                              JUDGMENT

The petitioner, who is stated to have retired from the

services of P.G.M. Boys High School as a Headmistress, has

approached this Court impugning Ext.P3 order issued by the

District Educational Officer, Pathanamthitta, as per which, she

has been found guilty of making bogus admissions in the School

with a direction that the loss sustained by the Government on

account of payment of salary to the Teachers and Non Teaching

Staff who worked against irregular posts be recovered from her.

2. The petitioner specifically says that she was

suspended by the DEO, Pathanamthitta on 28.05.2010 and

ordered to hand over charge to a certain Smt.A.Jayalakshmi and

that the latter was authorized to discharge normal duties of

Headmistress and to draw and disburse salary of teaching and

non teaching staff till an alternative arrangement had been

made. She adds that she was on commuted leave from

01.04.2010 to 24.05.2010, followed by an accident and that the

aforementioned leave was sanctioned by the DEO,

Pathanamthitta; but that she was placed under suspension on

the day when the period of leave expired, which was revoked

only on 24.03.2011, subsequent to which, she retired from the WP(C).No.29954 OF 2012(T)

service, on attaining the age of superannuation, on 31.03.2011.

3. The petitioner thus asserts that she had not played

any role in the School admissions or the maintenance of records

relating to staff fixation for the academic year 2010-2011 and

therefore, that she cannot held responsible for any salary paid

to the staff or the teachers from the Government exchequer for

that year. She, therefore, prays that Ext.P3 be set aside and the

respondents be directed to release her gratuity, which has now

been withheld, without any further delay.

4. The learned Senior Government Pleader,

Sri.P.M.Manoj, submitted that a counter affidavit has been filed

on behalf of the 2nd respondent, wherein, it has been explained

that the Supercheck cell of the Director of Public Instructions

(now called the Director of General Education) verified the

physical strength of the School on 28.09.2010 and detected

more than hundred absentees. He added that such an

extraordinary absence necessitated a revisit on 06.01.2011 by

the same team and that these absentees were found to be

absent on that day also. He says, it is, therefore, that action

against the petitioner was initiated, since she was working as a

Headmistress of the School since 01.04.2008, till she was WP(C).No.29954 OF 2012(T)

suspended from service on 28.05.2010. He contends that the

bogus admissions detected by the Team on 28.09.2010 were

actually made by the petitioner and her predecessors and

therefore, that she cannot shirk away her responsibility.

5. When I hear the learned Government Pleader on the

afore lines, it is obvious that even the Educational Authorities

have gone on certain surmises and conjunctures to presume

that the admissions detected by the Supercheck cell on

28.09.2010 "must have been made by the petitioner and her

predecessors"(Sic)

6. Obviously, there is no specific finding that the

petitioner was responsible for these bogus admissions,

particularly when it is admitted that she was under suspension

from 28.05.2010 and that prior to the said date, she was on

commuted leave from 01.04.2010. Pertinently, she continued

under suspension till 24.03.2011 and retired from service on

31.03.2011. It is, therefore, factually indubitable that the

petitioner was not in charge of affairs of the school from

01.04.2010 until 24.03.2011, and that the charge of the

Headmistress was held by some other teacher.

7. Ineluctably, therefore, the petitioner could not have WP(C).No.29954 OF 2012(T)

been held responsible for the bogus admissions for that

academic year and I therefore, find force in her contentions, as

voiced by her learned counsel, Sri.Vinod Madhavan.

In the afore circumstances and for the reasons above, I

allow this writ petition and set aside Ext.P3 to the extent to

which it relates to the petitioner; with a consequential direction

to the respondents to release to her the withheld gratuity, after

issuing a non liability certificate in terms of the provisions of the

KER, as expeditiously as is possible but not later than four

months from the date of receipt of a copy of this judgment.

I make it clear that the afore directions shall apply only to

the question of payment of gratuity to the petitioner and that

any other action that has already been initiated against her will

remain unaffected by my observations above.

At this time, the learned counsel for the petitioner

submitted that the disciplinary action against her client has

ended up only in a censure and that no further action had been

taken. This is recorded.

SD/-

                                           DEVAN RAMACHANDRAN

rp                                                   JUDGE
 WP(C).No.29954 OF 2012(T)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF AFFIDAVIT DATED 18/02/2010 PREPARED
                           BY THE MANAGER.

EXHIBIT P2                 TRUE COPY OF ORDER OF SUSPENSION FROM SERVICE
                           FROM 28/05/2010.

EXHIBIT P3                 TRUE COPY OF REVISED STAFF FIXATION AFTER SUPER

CHECK INSPECTION WAS ISSUED VIDE ORDER DATED 23/07/2011.

EXHIBIT P3(A) TRUE COPY OF AUDIT OBJECTION.

EXHIBIT P4 TRUE COPY OF LETTER DATED 07/01/2012 BY THE PETITIONER TO THE AUDIT EDUCATIONAL OFFICER ON 07/01/2012 TO ABSOLVE HER FROM ANY LIABILITIES.

EXHIBIT P5 TRUE COPY OF ORDER DATED 07/02/2012.

EXHIBIT P6 TRUE COPY OF CIRCULAR DATED 21/06/2012.

EXHIBIT P7 TRUE COPY OF ORDER DATED 28/08/2012.

EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 06/10/2012 SUBMITTED BY THE PETITIONER BEFORE THE ACCOUNTS OFFICER, DD OFFICE PATHANAMTHITTA.

EXHIBIT P9 TRUE COPY OF CIRCULAR DATED 02/11/2011.

EXHIBIT P10 TRUE COPY OF INTIMATION BY WAY F LETTER FROM THE DEPUTY DIRECTOR TO GOVERNMENT DATED 08/01/2014.

EXHIBIT P11                TRUE COPY OF ENQUIRY REPORT.

EXHIBIT P12                TRUE COPY OF ORDER DATED 13/09/2011.

EXHIBIT P13                TRUE COPY OF AFFIDAVIT DATED 24/07/2014 PREPARED
                           BY MANAGER.

EXHIBIT P14                A COPY OF THE 6TH WORKING DAY PUPIL STRENGTH
                           SUBMITTED BY HEADMISTRESS IN CHARGE.

EXHIBIT P15                THE ONE DAY VERIFICATION REPORT FOR THE RELEVANT
                           YEAR.

EXHIBIT P16                TRUE COPY OF LETTER DATED 07/07/2014.

EXHIBIT P17                TRUE COPY OF FIRST APPLICATION DATED 19/05/2010.

EXHIBIT P18                A COPY OF THE LAST APPLICATION WITH NUMBER 4917.
 WP(C).No.29954 OF 2012(T)






RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A)              LETTER ISSUED BY THE 5TH RESPONDENT.

EXHIBIT R6(A)              TRUE COPY OF THE NOTICE NO. B6/3299/15 DATED

11/05/2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT R6(B) TRUE COPY OF THE ORDER NO.

ET3/32679/2010/DPI/K.DIS. DATED 28/07/2010 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

EXHIBIT R7(A) A TRUE PHOTOCOPY OF THE ORDER DATED 21/05/2015.