IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 10608 OF 2014 PETITIONERS:

1 NEFSIYA N H AGED 36 YEARS PRE- PRIMARY TEACHER, GOVT L.P.S KARIMATTOM, MUVATTUPUZHA, ERNAKULAM DISTRICT

2 ANJU BABY AGED 35 YEARS PRE- PRIMARY TEACHER, GOVT L.P.S, MAVUDY, PALLARIMANGALAM, KOTHAMANGALAM

3 KAVITHAMOLE K.T AGED 30 YEARS PRE-PRIMARY TEACHER, GOVT.J.B SCHOOL, VAZHAPILLY, MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT

4 JAMEELA K.M AGED 40 YEARS PRE- PRIMARY TEACHER, GOVT H.S.S PEZHAKKAPILLY, MUVATTUPUZHA, ERNAKULAM DISTRICT

5 BUSHRA K AGED 33 YEARS PRE PRIMARY TEACHER, GOVT. U.P.S, MUDAVOOR, MUVATTUPUZHA, ERNAKULAM DISTRICT

6 NEETHU V.U AGED 21 YEARS PRE- PRIMARY TEACHER, GOVT. L.P.S, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM

7 DIVYA N.V AGED 28 YEARS PRE- PRIMARY TEACHER, GOVT L.P SCHOOL, MULAVOOR, MUVATTUPUZHA

8 SOMY V.K AGED 24 YEARS PRE-PRIMARY TEACHER, GOVT. TOWN UP SCHOOL, MUVATTUPUZHA

9 NISHA THOMAS AGED 33 YEARS PRE- PRIMARY TEACHER, GOVT L.P.S VENDUVAZHY KOTHAMANGALAM BY ADVS.

SRI.M.S.UNNIKRISHNAN SMT.JAYASREE MANOJ SRI.JITHIN PAUL VARGHESE SRI.A.C.THOMAS ADHIKARAM RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETRY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPRUAM, PIN - 695001

2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM, PIN - 695001

3 DEPUTY DIRECTOR OF EDUCATION ERNAKULAM, PIN - 682030 BY ADV.

SRI. BIJOY CHANDRAN, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

------------------------------ W.P.(C)No. 10608 of 2014 ----------------------------------------------

Dated this the 06^th day of February, 2024

JUDGMENT

The above writ petition is filed with the following prayers:

“i. To declare that the petitioners are entitled to get salary at the rate of 5000 per month as they are working as pre-primary teachers in the school as on 1.8.2012.

ii. To call for the records relating to issue of Ext. P24 to P30 orders by the 3rd respondent and quash the same by issue of a writ of certiorari as the same are issued in violation of Ext. P19 to P21 of this Hon'ble court.

iii. mandamus or any other appropriate writ order or direction directing the 3rd respondent to consider and pass fresh orders in the light of Ext.

P19 to P21 orders of this Hon'ble court.

iv. Pass such other order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.”[SIC]

2. Petitioners are pre-primary teachers working in various Government Schools at Muvattupuzha. It is the case of the petitioners that, as per Exts.P19 to P21 judgments of this Court, the teachers/ ayahs working in the pre-primary section in Government Schools are entitled to get salary/remuneration at the rate of Rs.5000/3000, if they are on service as on 01.08.2012. According to the petitioners, they are entitled for the remuneration. But the same is rejected as per Exts.P24 to P30.

Aggrieved by the same, this Writ petition is filed. 3. Heard the learned counsel appearing for the petitioners and the learned Government Pleader.

4. After hearing both sides and also in the light of the subsequent Government orders as G.O. (M.S)No.37/2017/G.Edn. dated 07.05.2017, G.O.

(Rt.)No.549/2017/G.Edn. dated 01.03.2017 and G.O. (M.S)No.146/2013/G.Edn. dated 25.04.2013, I think the matter is to be reconsidered.

Therefore, this Writ petition is disposed of in the following manner:

1. Ext.P24 to P30 are set aside.

2. The 1^st respondent will reconsider the matter in the light of G.O.(M.S)No.37/2017/G.Edn. Dated 07.05.2017, G.O.(Rt.)No.549/2017/G.Edn. dated 01.03.2017 and G.O.(M.S) No.146/2013/G.Edn. dated 25.04.2013 and pass necessary orders, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 10608/2014 PETITI