Case Note & Summary
The petitioner, a teacher employed by the Jay Bhavani Education Society, filed a writ petition seeking payment of his salary for the period from 1 July 2001 to 30 June 2004. The court perused a report from the Deputy Director of Education and considered the statement of the society's advocate that the salary would be paid. The court declared the salary due and payable by the society and directed payment in six equal instalments, with the first instalment due by 10 June 2005 and subsequent instalments on the 10th of each month until November 2005. In case of default, the Deputy Director of Education was directed not to release the salary grant-in-aid to the society until the due payment was made. The court also recorded that approval of the petitioner's appointment as a teacher with effect from 1 July 2001 had been granted.
Headnote
A) Service Law - Salary Arrears - Payment by Instalments - The court declared that salary for the period 1.7.2001 to 30.6.2004 was due and payable by the respondent-society and directed payment in six equal monthly instalments, with default leading to withholding of salary grant-in-aid. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to salary for the period 1.7.2001 to 30.6.2004 and the mode of payment.
Final Decision
The court declared that salary for the period 1.7.2001 to 30.6.2004 is due and payable by respondent no.1-society, directed payment in six equal instalments with first instalment by 10.6.2005 and subsequent instalments by 10th of each month until 10.11.2005, and in case of default, the Deputy Director of Education shall not release salary grant-in-aid to the society until payment is made.
Law Points
- Salary arrears
- payment by instalments
- default consequences
- grant-in-aid withholding
