SHYAMALATHA SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WE have heard learned counsel for the parties. Rightly, there is no opposition to the condonation of delay in filing the appeal. Additional document Annexure "Q" is also taken on record.

(2.) BRIEFLY stated the facts are that the petitioner/appellant was appointed as an Assistant Teacher on 25/07/1990 and as per letter dated 25/01/1991 against a permanent post in which a vacancy had arisen due to resignation. The said letter dated 25/01/1991 also approves the appointment with effect from the said date. As a consequence, unless the Teacher fails to discharge her duties, or if transferred to another Institution, fails to report for duty to that Institution, it is the responsibility of the State to pay salaries. The Commissioner, Public Instructions Department, Bangalore, has articulated this very position in the letter dated 30/09/2009 (Annexure "Q"), authored by the Under Secretary, Education Department, attached to the Commissioner, Public Instructions Department, in which, it has been directed "to readjust the placement of the additional teachers to the private aided educational institutions and until the placements are adjusted accordingly, the salary of such teachers may not be stopped."

(3.) THE very fact that the petitioner was liable to be transferred from one Institution to another on the prerogative and decision of the Government makes it clear that it is the Government's obligation to pay the salary. This is exactly what transpires from 15/11/2005 up to 30/12/2008 and thereafter, when the petitioner reported for duty, as per the instructions of the Government to another Institution i.e., Respondent No.7. Thankfully, the petitioner is receiving the salary with effect from 30/12/2008.