✦ High Court of India · 08 Apr 2025

The High Court · 2025

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
N NAGARESH
Length
1,393 words

RANJINI C AGED 43 YEARS, D/O VARIJAKSHAN K., DEVINIKETHAN, KALMPADAM, NILAMUR, MALAPPURAM DISRICT, PIN – 679329. SUNITHA K.T D/O CHANDRAN K.T., W/O SIVANAND KUMAR, KIHAKKETHIL (H), BEHIND CHURCH, CHERUTHURUTHY P.O., THRISSUR DISTRIC, PIN – 679531. SAJANI PAUL AGED 41 YEARS, D/O PAULOSE, THAIPARAMBIL HOUSE, MARANGOLY P.O., NJEEHOOR, KOTTAYAM DISTRICT, PIN – 686620. CHANDRIKA M.U AGED 49 YEARS W.P.(C)No.3231 of 2025 :4: NAVOORIPARAMBIL (H), POOKKOTTUMANNA P.O.,THALANJI, CHUNGATHARA, PIN – 679334. BY ADV RAJESH NAIR RESPONDENTS: 1 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. THE DIRECTOR GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM., PIN – 695014. BY ADV.SRI. TONY M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.3231 of 2025 :5: J U D G M E N T Dated this the 8th day of April, 2025 The petitioner, who are Pre-Primary Staffs appointed by the Parent Teachers Association of Government Schools, have approached this Court seeking the following reliefs:- (i) Call for the records leading to the issuance of Exts.P12 and P14 and to issue a writ of certiorari or any other writ direction or order setting aside Exts.P12, P13 and P14. (ii) Issue a writ of mandamus directing respondents 1 and 2 to frame the service conditions of the Pre-Primary Teachers recruited by the Parents Teachers Association of Government Schools as directed in Exts.P2 and P3. (iii) Issue a Writ declaring that Exts.P12, P13 and P14 are in total violation of Ext.P2 judgment and Ext.P3 interim order. (iv) Issue a Writ of mandamus or any writ, order or direction directing the respondents to step up the remuneration paid to the petitioners in the same pay scale applicable to the Pre-Primary Teachers appointed by the Government in the Government Schools with effect from the date of appointment of each of the petitioners. W.P.(C)No.3231 of 2025 :6:

2. Today, when the writ petition came up for hearing, it is submitted that a batch of similar writ petitions claiming similar reliefs have been disposed of by a Single Judge of this Court by a common order dated 06.02.2025 in W.P.(C) No.5506 of 2014 and connected cases. The directions granted in the common judgment are as follows:- i. G.O.(MS) No.54/2022/GEDN dated 04.04.2022 (Ext.P10 in W.P(C) No.5506/2014) is set aside. ii. The Teachers/Ayahs to be paid an honorarium of Rs.27,500/- and Rs.22,500/- respectively, effective from March 2025 onwards, to be disbursed from April 2025. iii. Escalation as above to have retrospective effect from 01.08.2012 and Government to disburse arrears within six months time. iv. While formulating the service conditions of the Teachers/Ayahs, the Government to take note of the claim for regularisation with specific reference to the dictum of the Apex Court in Jaggo v. Union of India [2024 KHC 6750].

3. Government Pleader submits that a writ appeal has been filed against the common judgment, which is W.P.(C)No.3231 of 2025 :7: admitted by a Division Bench.

4. As the petitioners are similarly situated, this writ petition is also disposed of with the following directions:- i. G.O.(MS) No.54/2022/GEDN dated 04.04.2022 (Ext.P14) is set aside. ii. The petitioners who are Teachers/Ayahs shall be paid an honorarium of ₹27,500/- and ₹22,500/- respectively, effective from April, 2025 onwards, to be disbursed from May, 2025. iii. The enhancement of honorarium as above shall have retrospective effect from 01.08.2012 and the Government shall disburse arrears within a period of six months. iv. While formulating the service conditions of the Teachers/Ayahs, the Government shall take note of W.P.(C)No.3231 of 2025 :8: the claim for regularisation with specific reference to the dictum laid down by the Apex Court in Jaggo v. Union of India [2024 KHC 6750]. Sd/- N. NAGARESH JUDGE W.P.(C)No.3231 of 2025 :9: APPENDIX OF WP(C) 3231/2025 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) DATED 06-02-1988 ISSUED BY THE STATE GOVERNMENT NO.465/88/G.EDN TRUE COPY OF THE JUDGMENT DATED 01-08-2012 IN W.A. NO. 205 OF 2011 PASSED BY THIS HON’BLE COURT TRUE COPY OF THE ORDER OF THIS HON’BLE COURT DATED 31-03-2015 IN WP(C) NO. 9999 OF 2014 Exhibit P3(a) TRUE COPY OF THE PAY SCALE GIVEN TO THE PRE-PRIMARY TEACHER IN KERALA EDUCATION DEPARTMENT Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(RT) NO. 806/2017/G.EDN DATED 23-03-2017 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 110/2017/G.EDN DATED 07-09-2017 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 170/10/LSGD DATED 06-08-2010 A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 28/2018/LSGD DATED 24-02-2018 W.P.(C)No.3231 of 2025 :10: Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT) NO. 180/2021/ GEN. EDN. DATED 26-08-2021 A TRUE COPY OF THE REPORT ALONG WITH THE COVERING LETTER NO. N.S.(4.) 271362/2021/DGE DATED 05-11-2021 TRUE COPY OF THE INTERIM ORDER IN WPC NOS. 29515 OF 2017 AND 5298 OF 2020 DATED 17-11-2021 PASSED BY THIS HON’BLE COURT Exhibit P11 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 5298 OF 2020 DATED 08-12-2021 Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO. 16/2022/G.EDN DATED 22-01-2022 Exhibit P13 TRUE COPY OF THE COMMUNICATION NO. NS(4) 271352/2021/DGE DATED 11-02-2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF G.O.(MS) NO. 54/2022/GEN.EDN. DATED 04-04-2022 Exhibit P15 TRUE COPY OF THE CIRCULAR NO. 93/2022/FIN.DATED 14-11-2022 ISSUED BY THE DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA Exhibit P16 TRUE COPY OF THE COMMUNICATION NO.A- 2540/2022 DATED 07-12-2022 ISSUED BY THE AEO, ANGAMALY W.P.(C)No.3231 of 2025 :11: Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 12-12-2022 IN WPC NO. 40027 OF 2022 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 A COPY OF THE OFFICE MEMORANDUM, BEARING NO. 14499/DSE/ESTT.1/D3/2016 ISSUED BY THE GOVERNMENT OF PUDUCHERRY ON 03-02-2016 TRUE COPY OF THE INTERIM ORDER DATED 31-05-2013 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 TRUE COPY OF THE INTERIM ORDER DATED 10-10-2013 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 TRUE COPY OF THE INTERIM ORDER DATED 02-06-2014 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 Exhibit P22 A TRUE COPY OF THE ORDER (NO. D.G.E./9795/2-NS DATED 20-07-2024) ISSUED BY THE 2ND RESPONDENT

RANJINI C AGED 43 YEARS, D/O VARIJAKSHAN K., DEVINIKETHAN, KALMPADAM, NILAMUR, MALAPPURAM DISRICT, PIN – 679329. SUNITHA K.T D/O CHANDRAN K.T., W/O SIVANAND KUMAR, KIHAKKETHIL (H), BEHIND CHURCH, CHERUTHURUTHY P.O., THRISSUR DISTRIC, PIN – 679531. SAJANI PAUL AGED 41 YEARS, D/O PAULOSE, THAIPARAMBIL HOUSE, MARANGOLY P.O., NJEEHOOR, KOTTAYAM DISTRICT, PIN – 686620. CHANDRIKA M.U AGED 49 YEARS W.P.(C)No.3231 of 2025 :4: NAVOORIPARAMBIL (H), POOKKOTTUMANNA P.O.,THALANJI, CHUNGATHARA, PIN – 679334. BY ADV RAJESH NAIR RESPONDENTS: 1 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. THE DIRECTOR GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM., PIN – 695014. BY ADV.SRI. TONY M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.3231 of 2025 :5: J U D G M E N T Dated this the 8th day of April, 2025 The petitioner, who are Pre-Primary Staffs appointed by the Parent Teachers Association of Government Schools, have approached this Court seeking the following reliefs:- (i) Call for the records leading to the issuance of Exts.P12 and P14 and to issue a writ of certiorari or any other writ direction or order setting aside Exts.P12, P13 and P14. (ii) Issue a writ of mandamus directing respondents 1 and 2 to frame the service conditions of the Pre-Primary Teachers recruited by the Parents Teachers Association of Government Schools as directed in Exts.P2 and P3. (iii) Issue a Writ declaring that Exts.P12, P13 and P14 are in total violation of Ext.P2 judgment and Ext.P3 interim order. (iv) Issue a Writ of mandamus or any writ, order or direction directing the respondents to step up the remuneration paid to the petitioners in the same pay scale applicable to the Pre-Primary Teachers appointed by the Government in the Government Schools with effect from the date of appointment of each of the petitioners. W.P.(C)No.3231 of 2025 :6:

2. Today, when the writ petition came up for hearing, it is submitted that a batch of similar writ petitions claiming similar reliefs have been disposed of by a Single Judge of this Court by a common order dated 06.02.2025 in W.P.(C) No.5506 of 2014 and connected cases. The directions granted in the common judgment are as follows:- i. G.O.(MS) No.54/2022/GEDN dated 04.04.2022 (Ext.P10 in W.P(C) No.5506/2014) is set aside. ii. The Teachers/Ayahs to be paid an honorarium of Rs.27,500/- and Rs.22,500/- respectively, effective from March 2025 onwards, to be disbursed from April 2025. iii. Escalation as above to have retrospective effect from 01.08.2012 and Government to disburse arrears within six months time. iv. While formulating the service conditions of the Teachers/Ayahs, the Government to take note of the claim for regularisation with specific reference to the dictum of the Apex Court in Jaggo v. Union of India [2024 KHC 6750].

3. Government Pleader submits that a writ appeal has been filed against the common judgment, which is W.P.(C)No.3231 of 2025 :7: admitted by a Division Bench.

4. As the petitioners are similarly situated, this writ petition is also disposed of with the following directions:- i. G.O.(MS) No.54/2022/GEDN dated 04.04.2022 (Ext.P14) is set aside. ii. The petitioners who are Teachers/Ayahs shall be paid an honorarium of ₹27,500/- and ₹22,500/- respectively, effective from April, 2025 onwards, to be disbursed from May, 2025. iii. The enhancement of honorarium as above shall have retrospective effect from 01.08.2012 and the Government shall disburse arrears within a period of six months. iv. While formulating the service conditions of the Teachers/Ayahs, the Government shall take note of W.P.(C)No.3231 of 2025 :8: the claim for regularisation with specific reference to the dictum laid down by the Apex Court in Jaggo v. Union of India [2024 KHC 6750]. Sd/- N. NAGARESH JUDGE W.P.(C)No.3231 of 2025 :9: APPENDIX OF WP(C) 3231/2025 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) DATED 06-02-1988 ISSUED BY THE STATE GOVERNMENT NO.465/88/G.EDN TRUE COPY OF THE JUDGMENT DATED 01-08-2012 IN W.A. NO. 205 OF 2011 PASSED BY THIS HON’BLE COURT TRUE COPY OF THE ORDER OF THIS HON’BLE COURT DATED 31-03-2015 IN WP(C) NO. 9999 OF 2014 Exhibit P3(a) TRUE COPY OF THE PAY SCALE GIVEN TO THE PRE-PRIMARY TEACHER IN KERALA EDUCATION DEPARTMENT Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(RT) NO. 806/2017/G.EDN DATED 23-03-2017 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 110/2017/G.EDN DATED 07-09-2017 TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 170/10/LSGD DATED 06-08-2010 A TRUE COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT) NO. 28/2018/LSGD DATED 24-02-2018 W.P.(C)No.3231 of 2025 :10: Exhibit P8 Exhibit P9 Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT) NO. 180/2021/ GEN. EDN. DATED 26-08-2021 A TRUE COPY OF THE REPORT ALONG WITH THE COVERING LETTER NO. N.S.(4.) 271362/2021/DGE DATED 05-11-2021 TRUE COPY OF THE INTERIM ORDER IN WPC NOS. 29515 OF 2017 AND 5298 OF 2020 DATED 17-11-2021 PASSED BY THIS HON’BLE COURT Exhibit P11 A TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO. 5298 OF 2020 DATED 08-12-2021 Exhibit P12 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS) NO. 16/2022/G.EDN DATED 22-01-2022 Exhibit P13 TRUE COPY OF THE COMMUNICATION NO. NS(4) 271352/2021/DGE DATED 11-02-2022 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF G.O.(MS) NO. 54/2022/GEN.EDN. DATED 04-04-2022 Exhibit P15 TRUE COPY OF THE CIRCULAR NO. 93/2022/FIN.DATED 14-11-2022 ISSUED BY THE DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA Exhibit P16 TRUE COPY OF THE COMMUNICATION NO.A- 2540/2022 DATED 07-12-2022 ISSUED BY THE AEO, ANGAMALY W.P.(C)No.3231 of 2025 :11: Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 12-12-2022 IN WPC NO. 40027 OF 2022 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 A COPY OF THE OFFICE MEMORANDUM, BEARING NO. 14499/DSE/ESTT.1/D3/2016 ISSUED BY THE GOVERNMENT OF PUDUCHERRY ON 03-02-2016 TRUE COPY OF THE INTERIM ORDER DATED 31-05-2013 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 TRUE COPY OF THE INTERIM ORDER DATED 10-10-2013 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 TRUE COPY OF THE INTERIM ORDER DATED 02-06-2014 PASSED BY THE DIVISION BENCH OF THIS HON’BLE COURT IN W.A. NO. 205 OF 2011 Exhibit P22 A TRUE COPY OF THE ORDER (NO. D.G.E./9795/2-NS DATED 20-07-2024) ISSUED BY THE 2ND RESPONDENT

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