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2026 Supreme(Online)(Ker) 5248

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
SMT. LENCY K.L. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 39103 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.BIJU ABRAHAM
For the Respondents: SRI.M.L.SAJEEVAN, SRI.JOY KURIAKOSE K., SRI.BERTRAND BASIL, SRI.BABU VARGHESE M., SRI.N.B.SUNIL NATH, GOVERNMENT PLEADER

Court mandated timely compliance for salary disbursement following promotion under stipulated educational service norms.

Headnote:The petitioner challenged the denial of salary despite promotion from 01.06.2023. The Court noted compliance directives for regularization within stipulated timelines, thereby adequately addressing the petitioner's grievance. The ratio includes the relevant legal duties in service provisions and requirements for timely compliance. The decision affirmed the interim order ensuring disbursement of rightful compensation within specified durations.

Table of Content
1. petitioner's promotion and salary denial issue. (Para 1 , 2)
2. court's directive for compliance and resolution. (Para 3 , 4)

J U D G M E N T

The petitioner has approached this Court, feeling aggrieved by the denial of salary from 01.06.2023, though the petitioner was promoted as an HSA with effect from that date.

2. On 12.04.2024, taking note of the specific averments contained in the counter affidavit filed by the 4th respondent, this Court passed the following order;

“Today when the matter came up for consideration, the learned counsel appearing for the petitioner brought the attention of this Court to paragraph 9 of the counter affidavit filed by the 4th respondent which reads as follows:

“9. The Manager has to take steps to adjust the lien of the petitioner in the additional post obtained for the year 2019-20 and also to submit the proposal to the Educational Officer for regularization.”

The learned counsel appearing for the 4th respondent submitted that, the 4th respondent is prepared to take necessary steps as mentioned in paragraph 9. Therefore, it is ordered that, the Manager of the 3rd respondent shall take necessary steps as mentioned above, while submitting the proposal before the Educational Officer for regularization within a period of two weeks from today. Upon submission of the same, the same shall be considered by the 2nd respondent, the steps for regularization of the service of the petitioner shall be taken, and the monetary benefits entitled to by the petitioner, if any, shall be disbursed, within a period of three months from the date of receipt of proposal, if it is otherwise in order.”

3. I have heard Sri.Biju Abraham, the learned counsel for the petitioner, Sri.N.B.Sunil Nath, the learned Government Pleader, and Sri.Joy Kuriakose K., the learned counsel for the

3rd respondent herein.

4. In view of the direction issued on 12.04.2024 as above, I am of the opinion that the grievance projected by the petitioner has been adequately redressed.

In that view of the matter, I dispose of this writ petition, making the interim order dated 12.04.2024 absolute. Needless to say that the orders directed to be issued on 12.04.2024 shall be issued within a period of three weeks from today, and the arrears of salary etc., shall be disbursed to the petitioner within a period of six weeks thereafter.

Sd/-

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