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2026 Supreme(Online)(Ker) 13717

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
PREETHI PRABHAKARAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.HAROON RASHEED, SRI.C.R.REKHESH SHARMA
For the Respondents: SMT.V.A. HARITHA, GOVERNMENT PLEADER

JUDGMENT Dated this the 19th day of February, 2026 The petitioner, an approved HSA (Hindi) in the

5th respondent’s School since 31.07.2003, possessing all requisite qualifications, was promoted and appointed as HSST (Hindi) with effect from 01.08.2025 against a regular vacancy arising on the retirement of an incumbent and has been continuously discharging duties as such.

2. However, solely due to the pendency of approval of her promotion before the 3rd respondent, the respondents have illegally denied her salary even in the lower scale attached to her approved post, causing severe financial hardship, despite repeated representations. Such denial is arbitrary, contrary to the binding Circular dated 06.11.1989 permitting payment of salary in the lower scale as an interim measure and is also against the settled law laid down by this Court in identical circumstances, including W.P.(C) No.24124/2024. The prolonged inaction of respondents 1 to 3 in considering the approval proposal and withholding salary is illegal and violative of Articles 14 and 21 of the Constitution of India, contends the petitioner.

3. I have heard the learned counsel for the petitioner and the learned Government Plea

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