RAMACHANDRAN NAIR, J.1. The first appellant, an association of Pre-Primary School Teachers and Ayahs, and the remaining appellants, individual Teachers and Ayahs, filed Writ Petition for a direction to the State Government to give fair/minimum wages for coaching children in the Pre-Primary Schools attached to Government Primary Schools. The Writ Petition filed was dismissed by the learned Single Judge stating that appellants (petitioners) are not employed by the Government and so much so, the Government has no responsibility. This Writ Appeal is filed challenging this finding and for appropriate reliefs.

2. We have heard learned Senior counsel Shri. Abraham Vakkanal appearing for the appellants and learned Government Pleader Shri. Liju Stephen appearing for the respondents.

3. During the first hearing of the Writ Appeal on 03/07/2012, we passed a detailed order stating that Pre- Primary education is mandatory for preparing children for elementary schooling and the Government itself recognised the position in Ext.P6 Government order issued on 05/07/1988, whereunder the Government permitted starting of Pre-Primary Schools in Government Schools under the control of Parent-Teachers Associations. Under the Government Order, the Scheme was to collect Rs.15/- per pupil to meet the cost of running the School. Pre-Primary schools are running for the last nearly a quarter of a century. Parent-Teachers Association have been running the Pre-Primary Schools attached to Government Primary Schools by appointing Teachers with the qualification required under Ext.P6 Government Order, which is SSLC pass and Pre-Primary Teachers Training Certificate obtained after undergoing training in Government Pre-Primary Teachers' Training Institute, Thiruvananthapuram or Pre-Primary Teachers' Training Institutes recognized by the Government. While the Teachers are required to have the above educational qualification and training, Ayahs are required to have only educational qualification of pass in Standard VII. It is seen from Ext.P30 produced in the WP(C) that the setting up of the Pre-Primary Schools and the running of the same are under the control of the Deputy Directors of Education. The selection of Teachers and Ayahs were also made by a Committee headed by the Headmaster of the Government Primary School to which such Pre-Primary School is attached. Even though there was no provision in Ext.P6 Government Order for funding the Pre-Primary Schools by the Government, the Government is providing nutritious food including noon meals to the children of Pre-Primary Schools and besides this the Government started paying a paltry sum of wages to the Pre-Primary School Teachers and Ayahs, which was at the rate of Rs.600/- per Teacher and Rs.400/- per Ayah, per month until last year; and during the current year, the Government has increased wages to Rs.900/- for Teachers and Rs.600/-for Ayahs, per month. The appellants have been working for several years without getting any wages commensurate to the service rendered by them and it is only to get over their sufferings they have approached this Court for a direction to increase their wages to the fair minimum. The wages currently payable works out to Rs.30 per day for Teachers and Rs.20/- per day for Ayahs.

4. In the interim order dated 03/07/2012, we brought to the notice of the Government that minimum wages fixed by the Government for Pre-Primary School Teachers in the Unaided Schools under Ext.P9, 10 years back, was Rs.2,500/-per month. Going by the high rate of inflation for over the last 10 years and the increase in wages and salaries paid to Government staff and others, we suggested to the Government that Pre-Primary School Teachers should be paid at least Rs.5,000/- per month and Ayahs Rs.3,500/-per month. Learned Government Pleader produced the communication issued by the General Education Department on 21/07/2012 stating that the Government is taking earnest steps to comply with the Court direct