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2019 Supreme(Ker) 654

K.VINOD CHANDRAN, V.G.ARUN
Kishore V. G. – Appellant
Versus
State of Kerala Represented by Secretary to Government, Department of General Education – Respondent


Advocates Appeared:
For the Appellant : Sri. Kaleeswaram Raj, Adv.
For the Respondent: Sr. G.P. A.J. Varghese, Sri.E.C.Bineesh, Adv.

JUDGMENT :

Arun, J.

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, wh

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