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Judgment
T.R.Ramachandran Nair, J.—The Petitioner is the Headmistress of Kanicherry L.P. School, Koottikada, Kollam District. The Petitioner is aggrieved by the proceedings issued by the Assistant Educational Officer as per Exhibit P4, whereby the Petitioner is directed to remit an amount of `4,60,872/-, which represents the salary paid for the year 2004-05 to certain teachers.
According to the Petitioner, even though the strength was initially fixed for the year 2004-05, by the Assistant Educational Officer, there was a visit by the Super Check Cell on 17.8.2004 and they found that the strength was actually not correct. It is pointed out that no new appointment was made in the School except for the post of Arabic Teacher. But, ultimately, the 1st Respondent abolished the second divisions in standard 1 to 5 of the School with effect from 15.7.2004. This resulted in five teachers becoming surplus and it is contended by the learned Counsel for the Petitioner that they were eligible for protection. According to the learned Counsel for the Petitioner, it can be seen from Exhibit P1 that they were eligible for protection. It is in these circumstances, the Petitioner points out that the fixation of liability against the Petitioner cannot be sustained.
Aggrieved by Exhibit P4, the Petitioner approached the Government by filing Exhibit P5, which is styled as an appeal.
There will be a direction to the Government to take a decision on Exhibit P5 after hearing the Petitioner within a period of six months from the date of receipt of a copy of this judgment. In the meanwhile, recovery based on Exhibit P4 will be kept in abeyance. The Petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above.