K.A. Abdul Gafoor , J.

Petitioners are members of teaching and non teaching staff of a recognized educational institution. Recognition is from Government in accordance with the statutory provision contained in the Kerala Educational Act and Rules. Ofcourse it is an unaided institution as well. No grant is paid from the Government . According to them, they are paid so poorly. There is no comparison with salary paid to the teachers and non-teaching staff in aided schools in the private sector or the Govt. schools. At the same time, members of all the three groups are performing the same duties and functions. The education is to be imparted by the State. It is upon the sanction granted by the State that recognized institutions are functioning. In such circumstances, all of them shall be paid equally accepting the principle of equal pay for equal work.

2. In order to ensure payment of salary to the teachers of recognized schools, Government have brought in on the statute book the rules in Chapter XIV- AA. Rule 2 thereof provides that,

"The teaching and non-teaching staff of these schools shall be paid salary every month by cheques drawn on managements' accounts in Nationalized