Kerala High Court
Dhanya R. Chandran vs State Of Kerala on 5 June, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 5237 OF 2013
PETITIONERS:
1 DHANYA R. CHANDRAN
AGED 33 YEARS
CRCC, BRC MONCOMPU, ALAPPUZHA DISTRICT-688503.
2 NISHA S.
CRCC, BRC KANJIRAPPALLY, KOTTAYAM-686507.
3 MINI JOSEPH
CRCC, BRC KURAVILANGAD, KOTTAYAM-686633.
4 GANGA D.
CRCC, BRC MONCOMPU, ALAPPUZHA DISTRICT-688503.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM-695004.
3 THE DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA-688001.
4 THE DEPUTY DIRECTOR OF EDUCATION
KOTTAYAM-686001.
5 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA-689001.
6 THE MANAGER
PSVPMHSS, AYRAVON, KONNI, PATHANAMTHITTA-689001.
7 THE HEADMISTRESS
PSVPMHSS, AYRAVON, KONNI, PATHANAMTHITTA-689001.
BY ADVS.
SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
SRI.P.PARAMESWARAN NAIRASG OF INDIA
WP(C) NO.5237 OF 2013
-: 2 :-
OTHER PRESENT:
SRI. BIJOY CHANDRAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C).No.5237 of 2013
-------------------------------
Dated this the 5th day of June, 2024
JUDGMENT
Petitioners, four in number, have approached this
Court challenging Exts.P8 to P10 recovery notices issued
to them.
2. During the period from 2003-2007, petitioners
were appointed in the school under the 6 th respondent,
of which the 7th respondent was the Headmistress, as
teachers. Later, on inspection by the Super Check Cell
of the Director of Public Instruction, it was found that
there were large number of bogus admissions. Consequent
thereto, there was reduction of staff strength and the
petitioners were retrenched as per Ext.P7 order dated
23/11/2007. Consequent thereto, Exts.P8 to P10 recovery
notices were issued against the petitioners for the
salary received. It is thereupon, the petitioners have
WP(C) NO.5237 OF 2013
approached this Court.
3. Heard Adv.Kaleeswaram Raj, the learned counsel
for the petitioners and Sri.Bijoy Chandran, the learned
Senior Government Pleader.
4. As noticed above, the retrenchment of the
petitioners was consequent on the reduction in strength
on account of detection of bogus admissions. In such
cases, Rule 17 of Chapter XXIII KER fixes the liability
on the teacher-in-charge and provides for recovery.
However, Rule 17 is incorporated only in the year 2022
and does not apply to the case at hand. The petitioners
who are mere teachers, could not be held responsible for
bogus admissions. Therefore, there could not be any
recovery proceedings against the petitioners. It is for
the authorities to take steps for recovery against the
concerned.
WP(C) NO.5237 OF 2013
Resultantly, the writ petition is allowed. Exts.P8
to P10 recovery proceedings against the petitioners are
quashed.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.5237 OF 2013
APPENDIX OF WP(C) 5237/2013
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.12.2003 OF THE 1ST PETITIONER.
EXHIBIT P2 A TRUE COY OF THE APPOINTMENT ORDER
DATED 05.06.2006 OF TEH 1ST PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 07.06.2006 OF THE 2ND PETITIONER
EXHIBIT P4 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 07.06.2006 OF THE 2ND PETITIONER
EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 05.06.2006 OF THE 2ND PETITIONER
EXHIBIT P6 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 07.06.2006 OF THE 4TH PETITIONER
EXHIBIT P7 A TRUE COPY OF THE ORDER
NO.D.DIS.B2/3678/2007 DATEED 23.11.2007
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE ORDER
NO.H2/44839/2012/DPI DATED 23.08.2012
ISSUED BNY THE 2ND RESPONDENT.
EXHIBIT P9 A TRUE COPY OF TEH ORDER NO.
B1/7315/2012 DAED 31.10.2012 ISSUED BY
THE 4TH RESPONDENT
EXHIBIT P10 A TRUE COPY OF TEH LETTER
NO.B1/1879/2012 DATED 21.12.2012 ISSUED
BY THE 5TH RESPONDENT TO THE DISTRICT
PROJECT OFFICER.
