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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
Chinnamma T.k, Pre-primary Teacher, Govt.l.p.s., – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. government's failure to act (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 2. government must fulfill obligations (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
JUDGMENT :
(HARISANKAR V. MENON, J.)
[WP(C) Nos.5506/2014, 5298/2020, 17659/2023, 5507/2014, 5681/2014, 5775/2014, 5799/2014, 5916/2014, 5934/2014, 5960/2014, 6111/2014, 6125/2014, 6126/2014, 6289/2014, 8660/2014, 9999/2014, 13476/2015, 29515/2017, 40027/2022, 31561/2024]
These writ petitions have a chequered history. The petitioners in these writ petitions are Pre-Primary School Teachers and Ayahs, attached to various Government Pre- Primary Schools appointed by the respective Parent Teachers Association.
2. They were being paid only a paltry sum as honorarium, without framing their service conditions from the side of the Government. In such circumstances, the petitioners herein were before this Court on an earlier round of litigation by filing separate writ petitions. The Government took the stand that the Teachers/Ayahs were not employed by the Government and hence, the Government has no role to play. The writ petitions were closed on the basis of the afore-stand taken by the Government. The matter was carried in further ap
The court affirmed that Pre-Primary Education is a fundamental right, mandating the Government to provide adequate service conditions and honorarium for Teachers and Ayahs.
The executive has the primary domain to fix pay scales, yet cannot use policy delays to ignore judicial directives or violate the constitutional mandate of providing fair working conditions. Courts m....
State Governments are not bound by Central Pay Commission recommendations; administrative discretion prevails in financial matters regarding salary claims.
The right to salary is constitutional, but the government can deny arrears based on financial constraints, especially when revised pay scales have been accepted.
The court established that primary teachers in municipal schools are entitled to the same higher pay-scale as those in district schools, emphasizing equality in pay for equal work.
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
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