BINDU. K.P. Vs. STATE OF KERALA AND OTHERS
HIGH COURT OF KERALA
STATE OF KERALA AND OTHERS
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P.V.ASHA, J. -
(1.) The petitioner, who has been working as Lower Primary School Assistant (LPSA) in an aided School under the 6th respondent from 01.06.2009, filed this writ petition, challenging Ext.P4 objection raised against her approval, based on which her salary was withheld and proceedings were initiated for recovery of salary along with proposal to revise her approval.
(2.) The case of the petitioner is that she was appointed as LPSA as per order dated 01.06.2009 against an additional division vacancy. On account of the ban imposed against appointments in additional division vacancies, her appointment was not approved. However, consequent to the introduction of the teachers' package as per G.O. (P).No. 199/2011/G. Edn dated 01.10.2011, her appointment was approved with effect from 01.06.2011, as per endorsement in Ext.P1 order, on 24.12.2011.
(3.) In the meanwhile, the petitioner who was continuing without approval, had submitted application for maternity leave for a period of 180 days from 20.05.2011. Subsequent to the approval granted on 24.12.2011, the Headmaster granted her leave as per Ext.P3 proceedings dated 02.01.2012 for a period of 168 days from 01.06.2011 to 15.11.2011, i.e from the date of approval. As per Ext.P4 letter, the 5th respondent informed that the approval granted to appointment of the petitioner with effect from 1.06.2011 was objected in the audit conducted by the Deputy Director of Education and as per proceedings dated 6.3.2014, the Deputy Director of Education has directed cancellation of the approval from 1.6.2011, as petitioner was on maternity leave. Directions were issued to recover the salary paid to petitioner for 168 days from 1.6.2011. Petitioner, thereupon, approached the DPI with Ext.P5 representation, requesting for withdrawing the action in Ext.P4 and the 5th respondent recommended the same as per Ext.P6 letter. The writ petition was filed in the above circumstance.;
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