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Jancy P.George vs State Of Kerala

High Court Of Kerala|16 December, 2014
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JUDGMENT / ORDER

Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 and 2 as well as the learned counsel for the third respondent, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner was appointed as High School Assistant (Maths) in a school under the management of the third respondent in 1989 and had her services approved by the respondent authorities in due course. While she was working in Devamatha High School, Paisakkary, she was transferred on 11.06.2012 to B.V.J.M. Higher Secondary School, Perumpadavu, in a vacancy that arose on account of the promotion of the incumbent as Headmistress to another school.
3. Owing to the fact that the promotion of the incumbent had not been approved by the authorities, the resultant transfer of the petitioner was also not approved and no salary was paid to the petitioner. At that juncture, the petitioner approached this Court and invited Exhibit P4 judgment, consequent to which, the respondent authorities passed Exhibit P6 order approving the services of the petitioner from 23.02.2013, instead of 11.06.2012. In that context, seeking approval and payment of salary from 11.06.2012 to 23.02.2013, the petitioner has filed the present writ petition.
4. The second respondent has filed a statement dated 26.08.2014 placing on record that already necessary directions were issued through Letter No.B2/337/14 dated 12.08.2014 to the third respondent to shift the lien and make necessary arrangements to release the salary of the petitioner.
5. As could be seen, the third respondent filed a statement along with Annexure-R3(a), which is Order No. 66/2012 dated 22.11.2014. A perusal of Annexure-R3(a) makes it clear that the third respondent has already shifted the lien of the petitioner and communicated the same to the authorities.
6. In the light of the above developments, this Court is of the opinion that there is no issue to be adjudicated upon, except the authorities taking further consequential steps pursuant to Annexure-R3(a) proceedings issued by the third respondent to ensure disbursement of salary to the petitioner for the period from 11.06.2012 to 22.02.2013.
7. At this juncture, the learned Government Pleader has pointed out that the two schools in which the lien has been adjusted are located in two different educational districts and verification is necessary concerning Annexure- R3(a) proceedings by the authorities concerned in the respective districts.
Recording the said submission, this Court disposes of the writ petition with a direction to the second respondent to consider Annexure-R3(a) proceedings and take further consequential steps to ensure payment of salary to the petitioner for the period in question as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
Dama Seshadri Naidu, Judge tkv
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Title

Jancy P.George vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
16 December, 2014
Judges
  • Dama Seshadri Naidu
Advocates
  • P Narayanan Sri Nicholas
  • Joseph