1. The orders issued by the Government on 09.05.2016 and 05.08.2016 are under challenge in all these writ petitions, filed by retired and serving teachers of aided Schools and aided Colleges, who claim their prior service rendered in aided schools/colleges including provisional and broken spells of service along with their regular service in aided Schools/colleges. As a common issue is arising for consideration, all these writ petitions were heard together and are disposed of by this common judgment.

2. Petitioners in W.P(C).No.2055 of 2017, 3685/2017, 35868/2016, 34321/2016, 35823/2016, 6232/2017, 30368/2016, 22495/2017, 13153/2017 and 17124/2017 are retired teachers of LP/UP/High School/Higher Secondary School, who had worked in aided schools in broken spells as leave substitutes. Petitioners in W.P(c). Nos.24017, 27438, 39076 of 2016 and 4433/2017 are retired teachers of private colleges, who have worked in aided schools.

3. The contention of the petitioners is that these Government orders are issued, in order to circumvent the judgment 23.7.2014 in W.(C). No.20495/2013, which was already upheld by the Division Bench by its judgment dated 23.2.2015 in W.A.No.377/2015 and by the Apex Court in S.L.P.No.19441 of 2015 dismissing the same on 20.7.2015 after the judgment was implemented reckoning the broken spells of service of the petitioner therein in aided Schools for pension.

4. The judgment in W.P(C).No.20495 of 2013 (hereinafter referred to as 'Joseph's case'), relied on by the petitioners (produced as Ext. P11 in W.P.(C) No. 30167 of 2016) is rendered in a case where the petitioner retired from service on 31.03.2008, while working as Selection Grade Lecturer in an aided College. The judgment in Writ Appeal and that of the order in SLP are produced in that case as Exts.P12 and P13 respectively. The service rendered by him in an aided college in different spells on temporary basis for 4 years and 10 months in 3 spells was counted for pension without raising any objection; but his aided school service for 5 years 3 months and 13 days in eight spells was not counted for pension. This Court held that by virtue of Rule 14E of Part III KSR read with Statute 5 (1) of Chapter II of Kerala University First Statute 1976, the prior service rendered by the petitioner therein in aided school was liable to be counted towards qualifying service along with the service in aided college. As the broken spells of aided College service was already counted for qualifying service without any objection, this Court found no justification for denying him the benefit of aided School service, which is provided in Rule 14E of Part III KSR. In the judgment in the Writ Appeal, the Division Bench held that the aided school temporary service would also fall within Rule 14E of Part III Kerala Service Rules. Subsequent to the dismissal of the SLP, the judgment was implemented by the Government by issuing G.O(Rt) No.7194/2015/Fin dated 6.8.2015. The Government orders -G.O.(P) No.66/16/Fin dated 9.5.2016 and G.O.(P) No.113/16/Fin dated 5.8.2016 (Ext P8 and P9 in W.P. (C) No. 30167/2016) were issued thereafter. In Ext.P8 order dated 9.5.2016, the Government stated that provisions contained in the Kerala Education Act, Kerala Education Rules and University Statutes confer authority on the Government to put restrictions with respect to functioning of the aided schools/colleges. Teaching and non teaching staff of aided schools/colleges do not come under Public Services Act and all the benefits enjoyed by the State Government employees are not applicable to them; under Rule 10 of Part III KSR, service of an employee does not qualify for pension unless he is appointed, his duty is regulated and paid by the Government or under conditions determined by the Government. It is only because direct payment system was introduced and in the light of Rule 11 of Part III KSR that the aided schools teachers who have opted for parity with Government teachers are granted r