High Court of KeralaSingle JudgeW.P. (C) Nos.38632/2018, 38633/2018, and 37030/...

W.P. (C) Nos. 38632/2018, 38633/2018 & 37030/2018 v. State of Kerala & Others

Case / Petition Number:W.P. (C) Nos.38632/2018, 38633/2018 & 37030/2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V
Judgment Date
2022-10-13
Court Decision / Holding
The impugned order revising staff fixation based on audit objections cannot be sustained. The petitions are allowed; Exts.P1, P2, P6, P8, P10 (and corresponding exhibits in connected petitions) are quashed; the respondents shall disburse the consequential benefits expeditiously, within three months. W.P. Nos. 37030/2018, 38632/2018, and 38633/2018 are allowed in terms stated, and the salary already paid to petitioners shall not be sought back under the impugned orders.
Final Disposition
W.P. (C) Nos.38632/2018, 38633/2018, and 37030/2018 allowed; impugned staff-fixation revision orders quashed; petitioners to receive due benefits within three months; salary already paid not to be recovered; Exts. P4–P6, P10, P12 quashed where relevant; directions issued for expeditious disbursement of benefits.

Parties to the Case

Appellants / Petitioners

  • Sindhu P.C
  • Sunder Jisha George C
  • Shanoj C.G

Respondents

  • State of Kerala
  • Director of Public Instructions
  • Deputy Director of Education, Thrissur
  • District Educational Officer, Chavakkad
  • Manager, High School Pengamuk
  • Principal, High School Pengamuk
  • Accountant General (A&E), Kerala

Legal Representation & Advocates

Counsels for Petitioners

  • • K. Jaju Babu (Sr.)
  • • Brijesh Mohan
  • • V. A. Muhammed

Counsels for Respondents

  • • U. Balagangadharan
  • • Mary Beena Joseph

Case Synopsis & Summary

These connected writ petitions challenge the 2017 revision of staff fixation for the High School Pengamuk, Thrissur, as issued by the District Educational Officer, Chavakkad, prompted by audit objections raised by the Accountant General regarding fixation for the years 2007-08, 2008-09, and 2009-10. The petitioners—teachers at Pengamuk High School—contend that audit objections cannot render fixed staff strength illegal or invalidate orders already implemented under Chapter XXIII of the Kerala Education Rules (KER). They rely on this Court’s precedents in Usuvathunnisa v. Asst. Educational Officer and Somanatha Panicker v. State of Kerala, arguing that audit objections cannot nullify statutory staff fixations or compel recovery of salaries paid under valid orders; any revision must comply with due process and may only be done by the Director under specified rules with due opportunity for representation. The respondents argue that audit findings revealed bogus admissions and non-reporting, justifying staff strength corrections and revisions. The court surveys the statutory scheme of KER (Chapter XXIII; Rules 12, 12C(1), 12C(2), 12D, 12E(3), 12F) and the established precedents, concluding that audit objections cannot sustain the impugned revision. The petitions are allowed, with quashings of related orders and directions for expeditious disbursement of benefits.

Provisions of Law Cited

Chapter XXIII of the Kerala Education Rules (KER)Rule 12Rule 7Rule 12C(1)Rule 12C(2)Rule 12DRule 12E(3)Rule 12F

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners challenge the DEO’s revision of staff fixation as based on audit objections that cannot, in law, invalidate fixed staff strength. They rely on Usuvathunnisa v. Asst.Educational Officer and Somanatha Panicker v. State of Kerala to assert that audit objections cannot nullify valid fixation orders or compel salary refunds for services already rendered. They emphasize that Chapter XXIII prescribes a detailed mechanism for fixation, with due process safeguards (Rules 12, 12C, 12D, 12E(3), 12F). They argue that the Director must afford an opportunity for representations before revising orders under Rule 12E(3), and that mere audit objections cannot override final fixation. They contend that the petitioners fulfilled duties under the sanctioned posts and that recovering salaries would be unjust and contrary to the principles cited in Usuvathunnisa and related authorities.

Contentions of Respondents

The respondents contend that the Accountant General’s audit revealed bogus admissions and non-reporting, affecting student rolls and staff strength; revision of staff fixation was necessary to rectify irregularities. They argue the rules enable correction under Chapter XXIII (including Rule 12E(3) and related provisions) and that revision may be undertaken by the Director either on report or suo motu, subject to due process. They maintain that the audit objections cannot be ignored and that some excess staff were identified, requiring adjustment and recovery of misdrawn salaries, subject to proper procedure.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
Usuvathunnisa v. Asst. Educational Officer1990 (2) KLT 530PositiveCited to support the proposition that audit objections cannot render fixation orders invalid or compel salary refunds; safeguards and due process apply to Director’s revision.
Somanatha Panicker v. State of Kerala1997 (1) KLT 305Positive relied upon the principle that audit objections do not override statutory fixation and that higher authorities may correct the matter within the KER framework; supports petitioners.
Aleyamma v. Deputy Director, EducationILR 1982 (2) Ker. 509PositiveQuoted to emphasize that a person cannot be required to refund salary for services rendered where the sanctioning authority acted within its jurisdiction and the person relied on lawful orders.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against W.P. (C) Nos. 38632/2018, 38633/2018 & 37030/2018 v. State of Kerala & Others and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 13[TH]DAY OF OCTOBER 2022 / 21ST ASWINA,1944 ``` ## **`WP(C) NO. 38632 OF 2018`** ## **`PETITIONER:`** ``` SINDHU P.C HIGH SCHOOL ASSISTANT,HSA(MATHS), HIGH SCHOOL PENGAMUCK,THRISSUR(NOW WORKING ON DEPLOYMENT AT GOVERNMENT HIGHER SECONDARY SCHOOL), MARUTHANCODE, THRISSUR DISTRICT. BY ADVS. K.JAJU BABU (SR.) SRI.BRIJESH MOHAN ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2THE DIRECTOR OF PUBLIC INSTRUCTIONS DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI,THIRUVANANTHAPURAM-695014. 3THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR,AYYANTHOLE,THRISSUR-680001. 4THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD,THRISSUR-680001. 5THE MANAGER HIGH SCHOOL PENGAMUCK, THRISSUR-680002. 6THE PRINCIPAL HIGH SCHOOL PENGAMUCK, ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 2 ``` THRISSUR-680002. ``` ``` 7THE ACCOUNTANT GENERAL(A & E) KERALA,STATUE,THIRUVANANTHAPURAM-695001. ``` ``` BY ADV SRI.U.BALAGANGADHARAN ``` ``` SMT.MARY BEENA JOSEPH, SR GOVERNMENT PLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON13.10.2022,ALONGWITHWP(C).37030/2018ANDCONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 3 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 13[TH]DAY OF OCTOBER 2022 / 21ST ASWINA,1944 ``` ## **`WP(C) NO. 38633 OF 2018`** ## **`PETITIONER:`** ``` SUNDER JISHA GEORGE C HIGH SCHOOL ASSISTANT, HSA (ENGLISH), HIGH SCHOOL PENGAMUCK, THRISSUR (NOW WORKING ON DEPLOYMENT AT SARVA SIKSHA ABHIYAN, OLLUKKARA, THRISSUR DISTRICT.) BY ADVS. BRIJESH MOHAN SMT.RESMI G. NAIR ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2THE DIRECTOR OF PUBLIC INSTRUCTIONS DIRECTORATE OF PUBLIC INSTRUCTIONS, JAGATHI, THIRUVANANTHAPURAM-695 014 3THE DEPUTY DIRECTOR OF EDUCATION THRISSUR, AYYANTHOLE, THRISSUR-680 001 4THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR-680 001 5THE MANAGER HIGH SCHOOL PENGAMUCK, THRISSUR-680 002 ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 4 ``` 6THE PRINCIPAL HIGH SCHOOL PENGAMUCK, THRISSUR-680 002 ``` ``` 7THE ACCOUNTANT GENERAL (A & E) KERALA, STATUE, THIRUVANANTHAPURAM-695 001 ``` ``` BY ADVS. SRI.U.BALAGANGADHARAN SRI.V.A.MUHAMMED ``` ``` SMT.MARY BEENA JOSEPH, SR GOVERNMENT PLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON13.10.2022,ALONGWITHWP(C).37030/2018ANDCONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 5 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 13[TH]DAY OF OCTOBER 2022 / 21ST ASWINA,1944 ``` ## **`WP(C) NO. 37030 OF 2018`** ``` PETITIONER: ``` ``` SHANOJ.C.G AGED 42 YEARS S/O C.M. GEORGE, HEADMASTER, HIGH SCHOOL PENGAMUKKU, THRISSUR DISTRICT - 680544 BY ADV V.A.MUHAMMED ``` ``` RESPONDENTS: ``` ``` 1THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE -II, THIRUVANANTHAPURAM - 695001 2THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY,THIRUVANANTHAPURAM-695014. 3THE DEPUTY DIRECTOR OF EDUCATION THRISSUR-680003. 4THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD,THRISSUR DISTRICT-680506. ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 6 ``` 5THE MANAGER HIGH SCHOOL PENGAMUKKU,THRISSUR DISTRICT-680544(RESIDING AT PULIKKOTTIL HOUSE, KARICHAL ROAD,PENGAMUKKU-680544). ``` ``` SMT MARY BEENA JOSEPH, SR GOVERNMENT PLEADER ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION ON13.10.2022,ALONGWITHWP(C).38632/2018,38633/2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 7 ## **“CR”** ## **JUDGMENT** The petitioners in these petitions are all working as teachers in different capacities at the High School, Pengamukku. They have approached this Court being aggrieved by the proceedings issued by the DEO, Chavakkad, dated 22.04.2017, revising the staff fixation of the school for the years 2007-2008, 2008-2009, and 2009-2010 on the ground that pertaining to the above academic years, the Accountant General has raised certain audit objections regarding the staff fixation carried out by the educational authorities. 2. Since common issues are involved, these writ petitions are considered together and are disposed of by a common judgment. 3. The petitioners contend that the order issued by the DEO, purportedly on the basis of an audit objection, cannot be sustained under the law in view of the law laid down by this Court in **Usuvathunnisa v. Asst.Educational Officer[1]** and **Somanatha Panicker v. State of Kerala[2]** . It is further argued that while issuing the impugned proceedings, the > 1 [1990 (2) KLT 530] > 2 [1997 (1) KLT 305] W.P. (C) Nos.38632, 38633 & 37030 of 2018 8 respondents have overlooked the statutory provisions, particularly Chapter XXIII of the KER. It is further contended that, in terms of the original staff fixation order, most of the teachers have discharged their duties, and on the basis of an audit objection raised by the Accountant General, the DEO cannot undo the issue, which has become final. 4. In the counter affidavit filed on similar lines, it is stated that the Accountant General conducted an audit of accounts of the DEO, and the special audit party found instances of bogus admissions for the academic years 2007-2008 to 2009-2010. It was revealed that most of the students who came through transfer from other schools had left the school immediately after the one-day verification. In addition, some of the newly admitted students were removed from the roll due to continuous absence. The removal of students was not reported by the Headmaster of the school to the DEO. If fixation was revised based on the removal of students, one division each in Standard VIII, IX and X ought to have been reduced during 2008-2009 and 2009-2010, and consequently, three High School Assistants (core subjects) were in excess. In terms of the audit objection, directions were issued by the Director to the DEO to revise the staff fixation, and it is consequent to the same that five teachers were found in excess. The excess amount drawn by the above teachers was liable to be recovered from the W.P. (C) Nos.38632, 38633 & 37030 of 2018 9 teachers concerned. 5. I have heard Sri.Brijesh Mohan and Sri.V.A.Muhammed, the learned counsel appearing for the petitioners and the learned Government Pleader. 6. Chapter XXIII of the KER deals with the mechanism for fixing the staff strength of teachers in Departmental and aided schools. Rule 12 provides that subject to the availability of accommodation, the strength of teaching staff in each school shall be fixed, and order shall be issued by the Educational Officer by the 15th July of each year after finalizing the number of divisions in each class, based on the strength of pupils on the roll. Rule 7 provides that the manager or the affected parties shall have the right to apply for a review of the order passed by the Government in terms of subrule (6) within 30 days from the date of the order. Rule 12C(1) enjoins the District Educational Officer to scrutinize all orders passed by the AEO in regard to fixation of staff strength insofar as primary schools are concerned. Rule 12C(2) provides that the Deputy Director of Education shall scrutinize all orders passed by the DEO in regard to the fixation of staff strength in High and Training Schools. The Manager of a school is entitled to prefer an appeal by invoking Rule 12D before the Deputy Director against an order passed by W.P. (C) Nos.38632, 38633 & 37030 of 2018 10 the DEO. A revision would lie to the Director against the orders passed by the Deputy Directors under the Chapter. Under Rule 12F, the Government is empowered, at any time, at their own motion or otherwise to call for the records and revise any order passed by the Director. I have detailed the provision to substantiate the fact that a detailed procedure is prescribed under the Rules while carrying out the fixation of the strength of teachers. 7. A perusal of the proceedings issued by the DEO would reveal that the impugned proceedings have been issued based on the audit objection raised by the Accountant General, Kerala. The staff fixation orders have been issued by the DEO in the exercise of the powers conferred on him. The above fact is undisputed. There is no case for the respondents that the Director in exercise of the powers conferred on the said authority under Rule 12E(3), has on his own motion or on the basis of the report of the authorized officer, revised the order of staff fixation. At any rate, if any such exercise is to be carried out, orders affecting the interest of the petitioners can be passed only after affording the person concerned an opportunity of making any representation that he may wish to make against such order as provided under the proviso to Rule 12E(3). 8. The question whether the audit objection raised by the W.P. (C) Nos.38632, 38633 & 37030 of 2018 11 Accountant General can render the staff fixation carried out by the educational authorities, had come up for consideration before this Court. In almost identical circumstances, a learned Single Judge of this Court (T.L.Viswanatha Iyer, J as he then was) considered the issue and had laid down as under: 6. I find it difficult to accept the contentions of the learned Government Pleader for more than one reason. Sanction for the post of full-time Arabic Teacher in the two schools had been granted in the year 1982-83 and that had continued upto the year 1985-86. The appointment of the petitioners to these posts had also been approved. Power to review an order has to be expressly conferred. The Assistant Educational Officer has not been vested with any power of review under the Education Act or the Rules. He has no power to set aside an order of staff fixation made by him, on the ground that it is not in accordance with the rules. That power rests elsewhere. The only authority who could act suo motu to set right the illegality by exercising a power of revision, is the Director of Public Instruction under R.12E(3) of Chapter XXIII of the Rules. He has not acted so far in this matter. The audit objections raised by the Accountant General cannot render the staff fixation order invalid or illegal, or render ineffective the approval of appointment of a teacher made pursuant thereto. The Accountant General can only point out the illegality in the proceedings. His objections cannot have the effect of nullifying orders of proceedings taken by the statutory authorities. Therefore, it was illegal on the part of the Assistant Educational Officer to have acted on the basis of the audit report of the Accountant General and treated his prior proceedings sanctioning the full-time Arabic teachers' posts as null and void and directing recovery of the salary paid to the petitioners. ## xxxxxxxxx ## xxxxxxxxx xxxxxxxxx 9. In any view of the case, the petitioner cannot be called upon at this stage to refund amounts which they have received as remuneration for service rendered in the schools. Consequent on the posts being sanctioned and on approval being granted for the W.P. (C) Nos.38632, 38633 & 37030 of 2018 12 appointments, the petitioners had functioned as full-time Arabic Teachers in the respective schools from the respective dates of their appointment. Having obtained the benefit of their service, based on orders for which the petitioners were not responsible, and which they had no reason to suspect were, in any manner, illegal, it is not open to the respondents subsequently to turn round and claim refund of the salary paid, branding the entire proceedings as null and void, or as illegal. The petitioners have every reason to presume that the statutory authority, namely the Assistant Educational Officer has acted legally and within the bounds of his powers and jurisdiction in sanctioning the full-time posts and in approving their appointment. As stated by Kochu Thommen, J. (as he then was) in Aleyamma v. Deputy Director, Education, ILR 1982 (2) Ker. 509, every person has a right to place his trust in orders made by a competent authority in the normal course of his jurisdiction unless of course, the order is vitiated by fraud or interests of third parties are adversely affected. It is unjust and unfair to call upon persons like the petitioners to refund amounts drawn by them, for service rendered by them, years after the event after they had acted on the faith and strength of the orders of the statutory functionary, and adjusted their affairs accordingly. When the petitioners have worked in a particular grade, (as full time teachers) and the benefit of that work has gone to the schools, it cannot be said that they did so at their own peril, with liability to refund the salary in case it was found in any subsequent collateral proceedings that the sanctioning of their posts was not legal or proper. 9. It was held with great emphasis that the Accountant General can only point out the illegality in the proceedings, and his objections cannot have the effect of nullifying orders of proceedings taken by the statutory authorities. It was also held that the educational authorities could not have acted on the basis of the audit report of the Accountant General and treated all the prior proceedings carried out by them as null and void. W.P. (C) Nos.38632, 38633 & 37030 of 2018 13 10. In **Somanatha Panicker** (supra), this Cout was confronted with the situation wherein the DCRG due to some of the petitioners who had worked as Assistant Educational Officers were not disbursed on account of the objection raised by the Accountant General during the audit of accounts and registers of the Aided Schools pertaining to a previous period. The alleged irregularities pertained to the sanction of additional divisions in an Aided School and based on the inspection report submitted by the Assistant Educational Officer. The learned Single Judge (C.S.Rajan, J., as he then was), after evaluating the facts and circumstances, held that the safeguards contained in the KER are sufficient enough to prevent any abuse of authority by the educational authorities. The audit party which verified the records after a couple of years may not be justified in finding fault with the fixation of staff strength by the educational officer. It was further held that the office of the Accountant General is not equipped with the knowledge or expertise available with the statutory authorities in the matter of fixation of staff strength. After relying on the observations made in **Usuvathunnisa** (supra), it was observed as under in paragraph No.7 of the judgment. 7. Thus, it is clear that the audit objections raised by the Accountant General have no legal force as far as the Statutory powers are concerned. When an authority acted in exercise of its statutory powers, the above action cannot be termed as illegal by an outside agency, which has no statutory power. When there is a W.P. (C) Nos.38632, 38633 & 37030 of 2018 14 hierarchy of officers in the Education Department functioning and dealing with the subject matter of fixation of staff armed with statutory powers under the KER, no outside agency can say that their actions are illegal or improper. The sanction of an additional division and consequent approval of a teacher done by the educational authorities pursuant to the re-visit, must be corrected by the higher authorities either in appeal or in revision for which there is ample power or provision in the KER itself. In the above area, the audit party has no role to play. 11. In view of the discussion above, I hold that the impugned order issued by the DEO revising the staff fixation order of the school for the years 2007-2008 to 2009-2010 on the basis of the objection raised by the audit party cannot be sustained under law. I find that on the basis of the impugned order, directions have been issued to withhold the salary of the petitioners herein. As the impugned order stands quashed, the petitioners cannot be called upon to refund amounts that they have received as remuneration for service rendered in the school. Having obtained the benefit of their service based on orders for which the petitioners were not responsible, it would not be open to the respondents to demand the salary already paid to the petitioners. As held by this Court in **Usuvathunnisa** (supra), when the teachers have worked in a particular grade and the benefit of that work has gone to the schools, it cannot be said that they did so at their own peril with liability to refund the salary solely on the basis of certain collateral W.P. (C) Nos.38632, 38633 & 37030 of 2018 15 proceedings. In view of the discussion above, the petitioners are entitled to succeed. The following directions are issued: a) W.P.(C) No. 37030/2018 will stand allowed. Exts.P1, P2, P6, P8 and P10 will stand quashed. The respondents shall disburse the consequential benefits, if any, due to the petitioner expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. b) W.P.(C) No. 38632/2018 will stand allowed. Exts.P4 to P6, P10 and P12 will stand quashed. The respondents shall disburse the consequential benefits, if any, due to the petitioner expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. c) W.P.(C) No. 38633/2018 will stand allowed. Exts.P4 to P6, P10 and P12 will stand quashed. The respondents shall disburse the consequential benefits, if any, due to the petitioner expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** IAP W.P. (C) Nos.38632, 38633 & 37030 of 2018 16 ## **`APPENDIX OF WP(C) 38632/2018`** ``` PETITIONER’S EXHIBITS: ``` ``` EXHIBIT P1COPY OF THE APPOINTMENT ORDER DATED 30.3.2006 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER WITH APPROVAL EXHIBIT P2COPY OF THE ORDER DATED 26.10.2009 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3COPY OF THE ORDER NO.B5/13331/17 DATED 30.5.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4COPY OF THE STAFF FIXATION ORDER NO.B6-8495/13 DATED 22.04.2017 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. EXHIBIT P5COPY OF THE ORDER NO.53606/A1/2010/G.EDN.DATED 12.08.2011 OF THE 1ST RESPONDENT. EXHIBIT P6COPY OF THE AUDIT OBJECTION OF THE 7TH RESPONDENT. EXHIBIT P7COPY OF THE STAFF FIXATION ORDER NO.D.DIS B6/4583/2007 DATED 23.8.07 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER FOR THE YEAR 2007-08. EXHIBIT P8COPY OF THE STAFF FIXATION ORDER VIDE NO.D.DIS B6/4410/2008 DATED 24.7.2008 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER,CHAVAKKAD FOR THE YEAR 2008-09 ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 17 ``` EXHIBIT P9COPY OF THE STAFF FIXATION ORDER VIDE NO.B6-5327/09 D.DIS DATED 31.7.2009 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER FOR THE YEAR 2009-10 ``` ``` EXHIBIT P10COPY OF THE ORDER NO.R.A.(2)36097/2017/DPI/K.DIS DATED 02.09.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P11COPY OF THE REVISION PETITION DATED 15.10.2017 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P12COPY OF THE G.O.(MS) NO.4364/2018/G.EDN. DATED 26.10.2018 ISSUED BY THE 1ST RESPONDENT. ``` ``` RESPONDENTS’ EXHIBITS’ : NIL ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 18 ## **`APPENDIX OF WP(C) 38633/2018`** ## `PETITIONER’S EXHIBITS:` |`EXHIBIT P1`|`COPY OF THE APPOINTMENT AND APPROVAL`| |---|---| ||`ORDER NO. B6-5050/07 K.DIS DATED`| ||`22.10.2007 WITH APPROVAL OF THE 4TH`| ||`RESPONDENT.`| |`EXHIBIT P2`|`COPY OF THE APPOINTMENT AND APPROVAL`| ||`ORDER NO. B6-1752/09 K.DIS DATED`| ||`8.6.2009 WITH APPROVAL OF THE 4TH`| ||`RESPONDENT.`| |`EXHIBIT P3`|`COPY OF THE ORDER NO. E6-3348/11 DATED`| ||`12.5.2011 OF THE 4TH RESPONDENT.`| |`EXHIBIT P4`|`COPY OF THE STAFF FIXATION ORDER NO.`| ||`B6-8495/13 DATED 22.4.2017 ISSUED BY THE`| ||`DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD.`| |`EXHIBIT P5`|`COPY OF THE ORDER NO.`| ||`53606/A1/2010/G.EDN. DATED 12.8.2011 OF`| ||`THE 1ST RESPONDENT.`| |`EXHIBIT P6`|`COPY OF THE AUDIT OBJECTION OF THE 7TH`| ||`RESPONDENT.`| |`EXHIBIT P7`|`COPY OF THE STAFF FIXATION ORDER NO.`| ||`D.DIS B6/4583/2007 DATED 23.8.07 ISSUED`| ||`BY THE DISTRICT EDUCATIONAL OFFICER FOR`| ||`THE YEAR-2007-08`| |`EXHIBIT P8`|`COPY OF THE STAFF FIXATION ORDER VIDE`| ||`NO. D.DIS B6-4410/2008 DATED 24.7.2008`| ||`ISSUED BY THE DISTRICT EDUCATIONAL`| ||`OFFICER, CHAVAKKAD FOR THE YEAR`| ||`2008-2009`| |`EXHIBIT P9`|`COPY OF THE STAFF FIXATION ORDER VIDE`| ||`NO. B6-5327/09 D.DIS DATED 31.7.2009`| ||`ISSUED BY THE DISTRICT EDUCATIONAL`| W.P. (C) Nos.38632, 38633 & 37030 of 2018 19 ``` OFFICER FOR THE YEAR 2009-10 ``` ``` EXHIBIT P10COPY OF THE ORDER NO. R.A.(2) 36097/2017/DPI/K.DIS DATED 02.09.2017 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P11COPY OF THE REVISION PETITION DATED 15.10.2017 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P12COPY OF THE G.O(MS) NO.4364/2018/G.EDN. DATED 26.10.2018 ISSUED BY THE 1ST RESPONDENT. ``` ``` RESPONDENTS’ EXHIBITS: NIL ``` W.P. (C) Nos.38632, 38633 & 37030 of 2018 20 ## **`APPENDIX OF WP(C) 37030/2018`** ``` PETITIONER’S EXHIBITS: ``` ``` EXHIBIT P1TRUE COPY OF THE REVISED STAFF FIXATION ORDER FOR 2007-08 DATED 22.04.2017 ``` - `EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE AUDIT OBJECTION OF THE PRINCIPAL ACCOUNTANT GENERAL` - `EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2007-08 DATED 23.08.2007` - `EXHIBIT P4 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2008-09 DATED 24.07.2008` - `EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDER FOR 2009-10 DATED 31.07.2009` - `EXHIBIT P6 TRUE COPY OF THE LETTER DATED 21.04.2017 OF THE DISTRICT EDUCATIONAL OFFICER,CHAVAKKAD` - `EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BY THE MANAGER BEFORE THE DIRECTOR DATED 30.04.2017` - `EXHIBIT P8 TRUE COPY OF THE ORDER NO.R.A.(2)/36097/2017/DPI/K.DIS.DATED 02.09.2017.` - `EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.10.2017` - `EXHIBIT P10 TRUE COPY OF THE G.O.(RT)NO.4364/2018/G.EDN.DATED 26.10.2018.` W.P. (C) Nos.38632, 38633 & 37030 of 2018 21 ``` EXHIBIT P11TRUE COPY OF THE ORDER NO.RA(1)67927/90.L.DIS./DPI DATED 09.10.1990. EXHIBIT P12TRUE COPY OF THE G.O.(RT)NO.4664/09/G.EDN.DATED 10.11.2009. EXHIBIT P13TRUE COPY OF THE LETTER NO.117/18-19 DATED 20.12.18 OF THE PETITIONER ADDRESSING DEO EXHIBIT P14TRUE COPY OF THE REPLY VIDE LETTER NO.B6/11671/18/BILLS/L.DIS DATED 29.01.2019 FURNISHED BY THE DEO ``` ``` RESPONDENTS’ EXHIBITS: EXHIBIT R2(a)TRUE COPY OF THE LETTER DATED 11.10.2017 ```