' The petitioner was appointed as Sweepress in BPS-1 on regular basis and posted at Government Girls High School, Charsadda vide order dated 1-5-1999. She assumed the charge of her duties after completing codal formalities and started serving there. Respondent No.4, Principal, Government Girls High School, Charsadda, prepared the bills for her salary and submitted the same to District Accounts Officer Charsadda, respondent No.5, for pre-audit but her bills were returned unpassed by respondent No.5. Having denied her salary and other bills, the petitioner has filed the writ petition in hand seeking direction in the name of respondent No.5 to act in accordance with law.
2. Mr. Khushdil Khan Momand, learned counsel representing the petitioner, argued that petitioner was appointed against a regular post vacated by Mst. Mumtaz Begum (Sweepress) who had tendered her resignation with effect from 1-4-1999. Respondent No.4 sent her salaries bills for pre- audit to respondent No.5 who returned the same. She (respondent No.4) time and again requested respondent No.5 to clear the outstanding monthly salary bills and medical charges etc. Of the petitioner but he did not pay any heed. In this regard letter dated 26-12-2001 (Annexure-F) was addressed and thereafter another letter dated 26-5-2004 (Annexure-I) giving details of the vacancy/post was addressed to the respondent No.5 but he turned deaf ear.
3. It was also argued that the petitioner has been performing her duties to the utmost satisfaction of respondent No.4 and her salary has been withheld/stopped without any lawful justification. The poor lady and her family members have been deprived of their bread and butter in these hard days.
4. This Court vide order dated 11-11-2004 directed the respondents to file comments. Respondents 1 to 4 filed their comments supporting the case of petitioner but respondent No.5 did not bother to file comments. A reminder was issued vide order dated 2-3-2005 to respondent No.5 to file the comments and notice was also given to the learned Advocate-General for getting the needful done. The efforts of the learned Advocate-General/Additional Advocate-General did not bear any fruit. Respondent No.5 did not take pains to file the requisite comments. Vide order dated 6-4-2005, this Court was constrained to send for the District Accounts Officer, Charsadda and Incharge of Legal Cell in person. Mr. Jan Gul, District Accounts Officer and Mr. Siraj-ul-Haq, Assistant Accountant General attended the Court and even today, they did not bother to bring the requisite comments with them. This attitude and behaviour of the said officers shows that they having nothing to say in their defence. We, therefore, admit the writ petition to regular hearing and proceed to decide the writ petition on merits as short question is involved.
5. It is on record that Mst. Mumtaz Begum, Sweepress, tendered her resignation with effect from 1- 4-1999 which was accepted by the office vide Endorsement No.1076-78 dated 9-4-1999. Against the said vacant post, the petitioner was appointed vide Endorsement No.1111-13 dated 1-5-1999.
After completing the codal formalities, she assumed the charge and started performing her duty.
The Principal, Government Girls High School, Charsadda, respondent No.4, prepared and submitted the salary bills of petitioner to respondent No.5 vide Token No.1425 dated 26-8-1999 which was returned by respondent No.5. Thereafter, many letters were addressed to him but all went in vain.
6. It was on 5-10-2001 that Mst. Filmina, an other Sweepress, passed away. Her post was also vacated due to her death. Respondent No.4 again submitted bills through Token No.919 dated 23- 11-2001 but the same were returned with the observations that no vacancy was available in Government Girls High School Charsadda.
7. Perusal of page 17 of the writ petition shows that there existed 16 vacancies of Class-IV servants.
The said strength was duly verified by District Accounts Officer, Charsadda by endorsing his signatures and stamp thereon. When there were 16 posts of Class-IV servants in the school and only 13 permanent employees were working against the Class-IV posts, then the plea of respondent No.5 that no post of Sweepress was available was not based on any justification. The appointment of the petitioner was in accordance with rules and regulations against a regular sanctioned post which stood vacant on the day she was appointed. The petitioner is demanding salary etc. For the period she has served the Department to the satisfaction of her superiors and it has not been disputed by respondents Nos. 1 to 4 in their comments that she was not working or her appointment was against the rules. If, at all, the vacancy did not exist at the time of appointment of the petitioner, it was for respondent No.5 to have pointed out to the school authorities at the very outset when the bills were submitted to him for payment but he kept the matter pending since 10-5-1999 till date. What to speak of the behaviour of respondent No.5 with the poor lady (Sweepress), the arrogance of the said respondent can be judged from his conduct that he did not bother to comply with the orders of this Court to file comments since 11-11-2004 till date.
8. As mentioned above, the petitioner has been performing her duties as Sweepress in the school.
She is, therefore, entitled to full emoluments in her grade and pay scale with all the admissible allowances as there is no provision, neither the concept for service without salary under the law.
The petitioner has been made to work without payment of her emoluments since her appointment i.e. 1-5-1999 which is against the principle of Islam which envisages payment of wages before sweat of toil is dried up. The performance of duties under such circumstances by the petitioner also amounts to forced labour without payment of any emoluments which is forbidden by Article 11 of Constitution of Islamic Republic of Pakistan, 1973 whereof all the forms of forced labour and traffic in human being are prohibited.
9. Under Article 29 of the Constitution of Islamic Republic of Pakistan, the respondents are duty- bound to act in accordance with Principles of Policy set out in Chapter 2 Part-II of the Constitution in so far as they relate to their functions. These principles include equitable adjustment of rights between employer and employees; to provide for all citizens facilities for work and adequate livelihood; to provide for all persons employed in the service of Pakistan or otherwise social security; to provide basic necessities of life, such as food, clothing, housing, education and medical relief for all such citizens irrespective of sex, caste, creed or race. The act of respondent No.5 stopping the salary of petitioner since her appointment is contrary to the Principles of Policy. She was denied her valuable rights of remuneration according to her grade which is also in violation of Article 3 of Constitution of Islamic Republic of Pakistan which casts duty on the State to eliminate all forms of exploitation and gradual fulfilment of fundamental principles for each according to his/her ability and work.
10. We, therefore, allow the writ petition in hand and direct respondent No.5 to clear the salary and medical bills of the petitioner from the date of her appointment within a period of one month. A cost of Rs.10,000 is also imposed upon respondent No.5 which shall be paid by the said respondent from his own pocket.
11. Copy of this judgment be sent to Accountant-General, N.-W.F.P. With the direction to evaluate the working, approach, conduct and behaviour of concerned official towards poor citizens as well as with the Apex Court of this Province.