The petitioners are pre-primary school teachers and Ayahs working in various aided schools in the State. They have approached this Court seeking relief against the Government for salary/honorarium at least at the rate fixed by this Court in the judgment in W.A.No.205/2011.

2. This Court in the above writ appeal ordered as follows:

We, therefore, direct the Government as an interim measure, to start paying @ Rs.5,000/- per month to all Pre-Primary School Teachers in such Schools attached to Government Schools run by Parent-Teachers Association and Rs.3,500/- per month to Ayahs, until final decision is taken by the Government. The payment should start for the period starting from 01/08/2012 onwards, i.e. For the salary payment due from 01/09/2012 onwards, until final decision is taken by the Government. The payment so made will be only adhoc and subject to final orders of the Government based on Policy to be evolved by them. We are sure that the Government will not commit any mistake of fixing the salary at anything below the minimum stated by us above, though only as a temporary measure.”

3. The above direction was to make payment to all pre-primary teachers and Ayahs in Government schools run by Parent-Teachers Association. Petitioners' case is that pre-primary school teachers and Ayahs in aided schools are also not different and they are also entitled for similar benefits.

4. The learned Senior Counsel Shri Abraham Vakkanal would argue that pre-primary school is a part of elementary education and any appointments made by the Manager in pre-primary schools are part of elementary education. It is also argued that the Government has recognised the appointments of pre-primary teachers made in the aided schools and the Government has encouraged such appointments and therefore, the Government is bound to pay salary at least at the rate fixed in the judgment in the writ appeal.

5. Shri Devan Ramachandran appearing for some of the petitioners also argues that in the light of Pre-Primary School Employees (Remuneration Order) Regulations 2000, the pre-primary teachers and Ayahs are entitled for similar benefits. It is further argued that it is the duty of the Government to provide pre-primary education to students under the Right of Children to Free and Compulsory Education Act, 2009. He further submits that the writ appeal judgment itself takes note of the right of the students to get primary and pre-primary education and the obligation of the Government to provide quality education at primary and pre-primary levels. Therefore, it is submitted that if pre-primary teachers are not paid basic remuneration for their existence, quality of education would become mirage.

6. The learned counsel Shri Kaleeswaram Raj for some of the writ petitioners submits that appointments are made by the Parent-Teachers Association in aided schools. He submits that Parent-Teachers Association is a creation by the Government and their existence is recognised under law. It is further submitted that in the instructions given to the schools for organisation of Parent-Teachers Association, the Government formulated guidelines to achieve quality education through Parent-Teachers Association. Therefore, it is argued that the Government is bound to honour the appointments made by Parent-Teachers Association in aided schools.

7. The learned Additional Advocate General Shri Jaleel K.A. submits that there are Anganwadis in the State which cater the requirements of pre-primary education. It is submitted that in the matter of appointments made by the Management or Parent-Teachers Association without concurrence of the State, the State is not liable to pay any amount to those appointees. It is further submitted that the State Government has no legal obligation to pay salary of teachers and Ayahs in the pre-primary schools run by Parent-Teachers Association. If at all any liability exists, that liability is with the Management.

8. Kerala Education Rules framed under the K