' Instant proceedings have been initiated on an anonymous application filed in this Court, seeking remedy for Lady Health Workers and Lady Health Supervisors, extract wherefrom reads as under:- {{URDU TEXT}} ' On this application, report was called from the Secretary Ministry of Health, Islamabad on 17th December, 2009. Being dissatisfied with the report submitted by the Secretary, Ministry of Health, this Court passed the following order:-- "Secretary Health be asked to submit; ' As to why minimum wages of Rs,7000.00 PM are not being paid to LHW.
(2) Since when LHW are working with Health Department.
(3) What are their terms and conditions of service.
(4) How long project against which they are working is likely to continue."
2. In response to above order, report was submitted, which was found incomplete. In the meanwhile, two more applications on the same subject, were submitted by Mrs. Bushra Arain and other staff members which were registered as HR Cases Nos.16360 of 2009 and 1859 of 2010 respectively, and were ordered to be clubbed together. Notices were issued to Secretary Health, Government of Pakistan for appearance before the Court. On 30th July, 2010, Mr. Sher Ayub Khan, J.S. Appeared and requested for time to discuss the matter with D.G. Health and Planning Commission. In this manner time was sought twice/thrice. However, on 7th September, 2010 the matter again came up before the Court. During hearing of the case, following terms and conditions of service of Lady Health Workers and Lady Health Supervisors were read over by the learned DAG:- - {{URDU TEXT}}
3. The terms and conditions of service of LHWs/LHSs, prima facie, indicate that they are practically required to adhere to full time engagements to discharge their duties subject to certain other conditions including non-payment of TA/DA and availing maternity and non-maternity leave etc. Additionally, they have to establish Health Houses at their own residences, in respect of which the expenses of utility bills etc. Are to be borne by them, for which no reimbursement is permissible. The case was, however, adjourned at the request of learned D.A.-G. With the following directions:-- "We adjourn the case with direction that with effect from 1st September, 2010, the Lady Health Workers/Supervisors, Drivers and Accounts Officers should get minimum wages of Rs,7,000 per month which must be paid to them regularly according to the rules and Regulations in the matter.
Respondent Government is directed to work out their actual salary to bring them at par with the employees of the Health Department according to the prevailing rates of scales and wages in the country. Adjourned to a date in office in the 2nd week of October, 2010."
4. On 11th October, 2010 Maulvi Anwar-ul-Haq, learned Attorney General appeared and stated that necessary steps had been taken to implement the order dated 7th September, 2010, however, further time was sought by him for doing the needful.
5. Today learned Attorney General has placed on record following statement:-- "In compliance with the Supreme Court orders dated 7th September, 2010, the following implementation steps have been taken:-- ' The case was taken up with the Planning Commission for release of the funds at the rate of Rs,7000 per month. An amount of Rs,One billion has been released by the Planning Commission to meet the budgetary requirement of the National Program for Family Planning and Primary Health Care. This amount is meant for payment of stipends of LHWs, LHSs, Accounts Supervisors and Drivers at the rate of Rs,7000 per month.
' In response to our request for anticipatory approval, the Chairman ECNEC has also been pleased to accord its approval which indicates the revised rates of stipend w.e.f, 1st September, 2010. The copy of approval is enclosed.
' Authorizations are being issued today to all Provincial/Regional Program Coordinators to pay the stipend of all LHWs, Supervisors, Accounts Supervisors and Drivers at the rate of Rs,7000 with effect from September, 2010 onwards in compliance of the Supreme Court orders."
' He further explained that the wages/stipends of LHWs and LHSs, Accounts Supervisors and Drivers in view of the above decision by the Planning Commission have been determined and an amount of one billion rupees has been released in this behalf. The benefit of the same shall be extended to them w.e.f, 1st September, 2010.
6. It is to be noted that under section 6 of the West Pakistan Minimum Wages For Unskilled Workers Ordinance, 1969 (hereinafter referred to as "the Ordinance, 1969") no such agreement/order/ notification/law/award/contract of service violating the provisions of law with regard to the payment of minimum wages shall be adhered to. To earn livelihood is a fundamental right of every citizen, subject to law, rules, regulations and agreement. Although the Ordinance, 1969 is not applicable on the persons engaged by the Government or any of its organizations but as a State it is bound to follow the same principle, which is applicable to private organizations. If above emoluments cannot be paid under any agreement then it would be in violation of Articles 9 and 25 of the Constitution. In the instant case, painful situation is that the LHWs, LHSs, Accounts Supervisors and drivers were not treated at par with employees of private organizations who are presently entitled to receive minimum wages @ Rs,7000 per month. The employees of Health department i.e, present petitioners though educated, except drivers presumably, were getting salaries as follows:-- {{TABLE}} Cadre Monthly Stipends/ Salary w.e.f, 1st July, 2007 Lady Health Workers (LHWs) Rs,2,600 Supervisors (LHSs and Accountants) Rs,4,600 Fixed paid Drivers (attached with LHS and FPO) Rs,2,800 {{TABLE}} ' The minimum education possessed by them is matriculation but during hearing of the case some of them, who appeared in person, claimed that they possess Master degrees as well. They have got longstanding service to their credit, in some of the cases even more than 10 years. The nature of their duties is not less than that of an ordinary employee of the government or a non- governmental organization, as it is evident from the charter of their duties, reproduced hereinabove, as such, it is a classical case of discrimination.
7. It is contended by the learned Attorney-General that LHWs/LHSs being the employees of National Program for Family Planning and Health Care, remained on contract on year to year basis, therefore, they are entitled to receive whatever is agreed upon by them. We do not controvert his stand but at the same time cannot lose sight of the fact that notwithstanding their relationship either as permanent or contractual employee, whatsoever may be, following the law/policy prevailing in the country for fixing minimum wages, they are entitled for the same on the basis of policy, which is presently prevailing i.e, Rs,7,000 p.m. In a welfare States like ours, it is duty of the government to ensure that discriminatory policies are not applied as far as its employees are concerned, either enjoying permanent status or working on contractual basis. The contract though executed mutually, in pursuance whereof LHWs, LHSs, Accountants and Drivers have agreed to accept the less amount of wages as compared to minimum one fixed under the provision of law, but one of the contracting parties, i.e, government is not supposed to deprive them from their legitimate rights qua the nature of duties being performed by them. A deep study of the conditions of their contract, already reproduce hereinabove, speaks itself, about the volume of work which they have to perform, besides facilitating health care within their units and such workers or supervisors are also bound to remain available round the clock for the purpose of extending health care to the citizens. Therefore, any agreement, which is against the public policy is not enforcible, as it has been pointed out hereinabove i.e, it is the law of the country that no person/workman being unskilled shall be paid less than Rs,7,000 and this principle/policy may not only on the basis of the Ordinance, 1969 but also on the basis of propriety, shall be applicable to the categories of all the employees who have been engaged by the government departments for rendering special service like health care etc. Thus, keeping in view the above facts and in view of price hike situation prevailing in the country, by an interim arrangement directions were issued to provide Rs,7,000 p.m.
To all categories of the employees of health department i.e, LHWs, LHSs, Accounts Supervisors and Drivers and also to ensure that their fundamental rights to earn livelihood are fully protracted without any discrimination in terms of Articles 9 and 25 of the Constitution. We are B told that there are about 1,20,000 such like persons of the health department who are not getting their due salaries. We expect that enhancement of their emoluments to the extent of minimum wages of Rs,7,000 p.m. (which has been fixed in pursuance of interim order of this Court dated 7-9-2010) shall be reconsidered for the purpose of making it rational and also to create distinction between the Supervisory Staff, Accounts Staff and the Field Staff depending upon the nature of their duties, as early as possible. In the meanwhile, all the categories of employees stated above shall continue receiving amount of Rs,7,000 per month.
8. Thus, the instant Human Rights cases are disposed of with the observation that this judgment shall be considered a guideline for all the executive departments in future while fixing the wages of the employees being engaged by the government organizations on contract basis or under any other programme funded by the government or any other agency.