Denial of salary due to pending approval constitutes a violation of constitutional rights and reflects arbitrary administrative action.

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

5^th 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 3^rd 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 Pleader representing respondents 1 to 4. Notice to respondents 5 to 7 is dispensed with in view of the nature of the relief to be granted in this writ petition.

4. Ext.P2 would indicate that the petitioner was appointed / promoted as HSST (Hindi) with effect from 01.08.2025 and the Manager has forwarded the proposal to the Regional Deputy Director. The proposal was forwarded as early on 01.08.2025. Therefore, a decision in this regard should be taken without further delay.

In the facts of the case, the writ petition is disposed of directing the 3^rd respondent to consider Ext.P2 proposal and take appropriate decision thereon within a period of two months, after giving opportunity of hearing to the petitioner and the Manager. In the meanwhile, the petitioner shall be paid salary applicable to the lower post.

Sd/-