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2016 Supreme(Ker) 45

S. Beevi Umma – Appellant
Versus
Assistant Educational Officer – Respondent


Advocates:
Advocate Appeared:
Smt. G.R. Manju, Sri. P.M. Mohammed Shiraz
R1-R4 Smt. Sunitha Vinod, R5 Sri. P.N. Mohanan

JUDGMENT :

The petitioner who is a senior citizen and is an individual educational agency as provided in the Kerala Education Rules,1959 (for brevity 'KER'); challenges Exts.P4 and P9 orders passed by the Government. Ext.P4 is a direction to remit Rs.3,53,652/- being loss sustained to Government on account of payment of salary to Sri T Abhilash for the illegal suspension period. Ext.P9 is a revenue recovery notice issued on the said liability.

2. The brief facts to be noticed are that the petitioner is an individual educational agency carrying on the aided school, MPM L.P.S, Killy, Kollode P.O. The petitioner had, by due authorization, under Rule 3 of Chapter III of KER appointed her husband as the Manager of the School. While the petitioner's husband was continuing as the Manager, the 5th respondent, an LPSA was suspended on 03.01.1998. Allegedly on the basis of an enquiry report, the Manager discharged the 5th respondent, who was said to be on probation at that point of time, on 11.02.1999. The AEO refused to approve the discharge and directed reinstatement of the 5th respondent on 28.03.2001.

3. The admitted case is that the Manager had availed of all the statutory remedies and eve











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