- (1.) The issue is pending since 2011. A protracted litigation could not yet resolve the issue. The appellant is working in a Primary School, wherefrom she was transferred in 2001. She tried to resist the order of transfer by filing litigation in court, however, she was unsuccessful. Ultimately, when she joined the transferred post, she was resisted. There was litigation on that score too. Ultimately, she joined her transferred post and made an application for consideration of her prayer for re-transfer. This time, she was transferred to another school, which is far away from her residence. Her increment was also stopped without any disciplinary proceeding, being initiated against her. She approached the learned Single Judge on two fold grounds: 1) Her prayer for re-transfer should have been considered in its true spirit. 2) Her prayer for increment should be allowed and her salary should be re-fixed.
(2.) The learned Judge allowed the second prayer by observing that she was entitled to increment. The learned Judge directed the Primary School Council to re-fix her salary by granting her appropriate increment. She however, complains that such direction would be sufficient, as the authority was bent upon to deny her relief by treating her absence as unauthorized leave for the period, when she was ventilating her grievance before the court of law against the order of transfer in 2001-2002.
(3.) On the issue of transfer, the learned Judge observed that transfer was an obvious consequence in service that could be interfered with. The appellant is also unhappy on that score.;