Kerala High Court
R.Sajini vs State Of Kerala on 23 May, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 11299 OF 2016
PETITIONER:
R.SAJINI
AGED 36 YEARS,W/O.GOPI KUTTAN,L.P.S.A., V.A.LOWER
PRIMARY SCHOOL,ALUVASSERY, KOLLENGODE(VIA),PALAKKAD,
NOW WORKING AS B.R.C. CO-ORDINATOR, BLOCK RESOURCES
CETRE,KUZHALMANNAM,PALAKKAD.
BY ADV SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY,THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION,PALAKKAD-680 014.
4 THE ASSISTANT EDUCATIONAL OFFICER
KOLLENGODE,PALAKKAD-678 508.
5 THE MANAGER
V.A.LOWER PRIMARY SCHOOL,ALUVASSERY,
KOLLENGODE(VIA),PALAKKAD DISTRICT-678 508.
6 THE HEADMASTER
V.A.LOWER PRIMARY SCHOOL,ALUVASSERY,
KOLLENGODE(VIA),PALAKKAD DISTRICT-678 508.
BY ADVS.
BY SRI.BIJOY CHANDRAN, SR. GOVERNMENT PLEADER
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.11299 of 2016
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Dated this the 23rd day of May, 2024
J U D G M E N T
The petitioner was appointed as LPSA in the
V.A.L.P. School, Aluvassery from 09.06.2003 in a regular
vacancy. On 10.08.2010 and 01.02.2011, the Super Check
Cell (Malabar Region), Kozhikode, made surprise visits
in the School. The cell detected bogus admissions. On
excluding the bogus admissions from the roll strength,
there occurred a division fall leading to retrenchment
of the petitioner. The Assistant Education Officer as
per Ext.P5 ordered that, the petitioner was working
during the period 2010-2011 in a non-sanctioned post and
that the salary drawn by the petitioner during the
period 14.07.2010 to 31.03.2011 is liable to be
recovered. The petitioner carried the order before the
Government in Revision. As per Ext.P6 order, the
Government rejected the revision affirming the orders of
the AEO. It is challenging the same that the petitioner
has approached this Court.
2. I have heard Sri.U.Balagangadharan, learned
counsel for the petitioner and Sri.Bijoy Chandran, the
learned Senior Government Pleader for the respondents.
3. Rule 17 Chapter XXIII of the KER fixes liability
on the teacher in such cases, in addition to the
Headmaster and the Manager. However, the said Rule 16
was incorporated only on 18.04.2022, and hence does not
apply to the case at hand. The present case is squarely
covered by the judgment of the Division Bench of this
Court in Kishore V.G. v. State of Kerala and Others 2019 (4) KLT 153.
The question posed for consideration therein was
regarding the liability of a teacher retrenched from a
sanctioned post, consequent to abolition of the post by
the DPI based on the report of the Super Check Cell. It
was held that the Teacher cannot be made liable. In the
light thereof, liability could not be fixed on the
petitioner, nor recovery effected. The learned
Government Pleader relied on the Circular
No.34025/J2/12/G.Edn. dated 21.06.2012 wherein it is
stated that, salary of the teachers who were thrown out
due to detection of bogus admission and had received
salary, shall be recovered on their getting re-
appointment. In the light of the law declared by the
Division Bench of this Court as above, the circular has
no force.
4. Incidentally it is also noticed that, the
reduction was of a division in standard IV, which led to
the retrenchment of the petitioner. The Headmistress was
in charge of the second division of the fourth standard.
The inspection was on 10.08.2010 and 01.08.2011. The
petitioner was on maternity leave from 21.06.2010 to
17.10.2010.
5. Hence the order of the authorities fixing the
liability on the petitioner and ordering recovery, is
liable to be set aside.
Resultantly, this writ petition is allowed. Exts.P5
and P6 orders are quashed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 11299/2016
PETITIONER EXHIBITS
EXHIBIT.P1: A TRUE COPY OF THE PROCEEDINGS OF THE DPI
DATED 31.03.2011.
EXHIBIT.P2: A TRUE COPY OF THE LETTER OF THE 4TH
RESPONDENT DATED 09.08.2012.
EXHIBIT.P3: A TRUE COPY OF THE NOTICE DATED 11.09.2013
ISSUED BY THE 4TH RESPONDENT
EXHIBIT.P4: A TRUE COPY OF THE JUDGMENT DAED 30.06.2014
PASSED BY THIS HONOURALBE COURT IN W.P.
(C)NO.25025 OF 2013.
EXHIBIT.P5: A TRUE COPY OF THE PROCEEDINGS DATED
05.09.2014 OF THE 4TH RESPONDENT
EXHIBIT.P6: A TRUE COPY OF THE PROCEEDINGS DATED
15.02.2016 OF THE FIRST RESPONDENT
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