VALSAMMA T C Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein 43 in number, being dissatisfied with the pitiable conditions of service under which they had been working and the nominal emoluments paid to them, preferred this writ petition complaining that they were being discriminated vis a vis other temporary and regular employees. The petitioners are the teachers and ayahs working in various kindergarten (L.K.G. and U.K.G) under the respondents. As a programme for the upliftment of Schedule Castes and Schedule Tribes, the Government of India sanctioned a scheme for starting Balavadies under the Schedule Caste and Schedule Tribe Development Department in various parts of Kerala. Balavady cum Feeding centers under the Department were started during the year 1979. The teachers and ayahs were engaged on honorarium basis. Subsequently Government upgraded Balavadies into L.K.G. and U.K.G and appointed one teacher and one ayah each in U.K.G. wing on contract basis with honorarium amounting to Rs.1,000/- and 500 respectively vide GO (Ms) No. 49/95 SCSTDD dated 19/09/1995.

(2.) The petitioners are working as teachers and ayahs working in various kindergartens under the Department for the last more than 23 years. In the year 1983 L.K.Gs and U.K.Gs were organised as Balavadies In the initial stage the service of the persons like the petitioners were utilised by the respondents on the basis of honorarium on a temporary basis. In the year 1984 the petitioners were given training by the respondents. The Petitioners belong to Schedule Caste and Schedule Tribe. During the said period the petitioners were working with an honorarium of Rs.100/-, whereas the candidates selected through employment exchange were put on a pay scale of Rs.580-800/-.

(3.) When the Balavadies were upgraded as nursery schools which were in existence from the beginning, nursery school teachers and ayahs were appointed through Kerala Public service Commission. The petitioners were allowed to continue in service on humanitarian grounds on contract basis. They were given honorarium. Regular appointment in the category of nursery school teachers / ayahs were made only in the then existing nursery schools. The pay scale was fixed for teachers appointed through Kerala Public Service Commission as Rs.1125-1720 during the year 1996. At the same time the petitioners' honorarium was increased as Rs.525 and 475 respectively for nursery school teachers and ayahs.