' ALI BAQAR NAJAFI, J.--- This order shall dispose of instant writ petition as well as Writ Petition No, 28577 of 2013 titled Muhammad Iqbal etc. v. Federation of Pakistan etc. As common questions of law and facts are involved in both these petitions.
2. Petitioners, through these writ petitions pray for setting aside their termination orders dated 17-6- 2013 and 9-7-2013 and release of their salaries according to the enhancement made by the Cabinet Sub-Committee.
3. Brief facts giving rise to the filing of these petitions are that petitioners were appointed as Feeder Teachers by the Government of Pakistan/respondent No,1 through respondent No,5/Executive District Education Officer, Bhakkar in the 2007 on the fix salary of Rs,1500 per month and their job was to improve basic education in their respective areas under the terms of National Education Fund Ordinance, 2008. The main objective of National Commission for Human Development
(NCHD) was to raise literacy rate up to 80% in Pakistan. Meanwhile, on 22-2-2013 the Cabinet Sub- Committee in its meeting decided to regularize the services but instead their services were terminated by respondent No,5 on 17-6-2013 and 9-7-2013, hence these writ petitions.
4. In the report and parawise comments submitted by respondents, objections regarding maintainability of these petitions in view' of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 was raised. Besides, respondent No,3 opposed the petitions on the ground that under the scheme called "Universalisation of Primary Education" the commission would help a community and respective District Administration by capacity building of volunteers (Feeder Teachers) from the community to impart basic education and offering them honorarium for their part-time voluntary services for a limited period of time. Soon after the arrangements of basic education have been made by the Provincial or District Government in a community or when the terms of NCHD operations in the community expired, the commission withdraws its support and deputes it to another area requiring such support. As keeping in view the financial constraint, it is not possible for the commission to continue funding local communities and to take over their inherent functions for a sustained period of time. In-short, it was an ad-hoc arrangement and was not based upon determining the academic qualifications, age and other requirement for selecting and appointing any person in the services of Pakistan.
5. It was also admitted in para 10 that in the decision taken in subcommittee dated 27-2-2013 the Feeder Teachers were not the employees of said respondent No,3. Consequently, the honorarium of the Feeder Teachers was enhanced from Rs,2500 per month to Rs,8000 per month from 1-7-2013.
6. Arguments heard. Record perused.
7. In the meeting of Cabinet Sub-Committee dated 27-2-2013 following decisions were made:-- ' The Cabinet Sub-Committee discussed the case of regularization of the employees of NCHD and decided as under:---
(i) The services of 3008 contract/SAA/daily wagers employees of National Commission of Human Development (NCHD) be regularized by transfer of their posts to non-development budget in consultation with the Planning and Development Division. (The NCHD shall provide list of their employees on the prescribed pro forma for regularization of their services to the Establishment Division for placing before the Cabinet Sub-Committee after transfer of the posts from development to non-development budget).
(II) The Honorarium being provided to 10937 Feeder Teachers should be enhanced from Rs,2,500 to Rs,8,000 per month to be incorporated in the revised PC-I with an annual cost of Rs,813 million.
(iii) The NCHD should be brought on permanent footing from the next financial year 2013-14.
The Cabinet Sub-Committee also discussed the case of regularization of employees of BECS and decided as under:---
(a) The services of 504 contract administrative employees of BECS be regularized by transfer of their posts to non-development budget in consultation with the Planning and Development Division subject to fulfillment of recruitment criterion. (The BECS shall provide list of their employees on the, prescribed pro forma for regularization of their services to the Establishment Division for placing before the Cabinet Sub-Committee after transfer of the posts from development to non-development budget).
(b) The honorarium being provided to 13213 BECS teachers be enhanced from Rs,3,000 and Rs,4,500 to Rs,8,000 per month to be incorporated in the revised PC-1.
(c) The project of Basic Education Community Schools be brought on permanent footing from the next financial year 2013-14.
8. As a Consequence, the honorarium of 10937 Feeder Teachers A was enhanced from Rs,2500 per month to Rs,8000 per month vide sub-clause (ii) of clause 4 of the decision whereas clause (iii) i,e, bringing the NCHD on permanent footing on next financial year 2013-14 as well as regularization of the daily wagers and contract employees was made. However, without any decision on the discontinuation of Feeder Teachers, their services were dispensed with on 30-6-2013 whereas the enhancement was made effective from 1-7-2013. This means that those who were terminated from service after 1-7-2013 i,e, 9-7-2013 were required to receive the said enhancement from Rs,2500 per month to Rs,8000 per month. As far as those who were declined the enhancement from the said date is apparently without support of decision taken in the said meeting of Sub-Committee of the Cabinet.
9. This is otherwise violation of Article 25 of the Constitution being discriminatory in nature. If the decision on the termination of the employment of Feeder Teachers had been made, the case of the petitioners would have been otherwise. This is the reason why Islamabad .High Court in Writ Petition No,1184 of 2012 vide order dated 7-3-2013 and High Court of Sindh, Circuit Court, Hyderabad in C.Ps. Nos. D-102 and D-2049 of 2011 vide order dated 31-1-2013 gave some relief to the petitioners.
10. I am afraid that termination order of Feeder Teachers has neither been backed by the decision of Cabinet Committee dated 27-2-2013 nor by the judgment rendered by the Hon'ble Supreme Court of Pakistan in Fiaqat Hussain and others v. Federation of Pakistan through Secretary, Planning and Development Division, Islamabad and others (PLD 2012 SC 224) wherein it was held that Establishment and Operation of Basic Education Community Schools must not be closed and that the winding up of the Commission is unconstitutional and, therefore, is allowed to continue to perform positive duty of providing basic human rights to the citizens of Pakistan.
11. Even Article 25-A of the Constitution ensures compulsory education to all children of the age of 5 to 16 years and it is worth mentioning that the Feeder Teachers are contributing a lot to provide this fundamental right to the children. In this perspective, the petitioners have special responsibility to directly safeguard the constitutional guarantees to the minor citizens of this Country. It is not encouraging for them to sustain a financial loss either by not providing the enhancement in their honorarium but also by straightaway dispensing with their jobs, which is perpetuated more injustice to them.
12. For the above stated reason, I allow this petition set aside the impugned orders dated 17-6-2013 and 9-7-2013 and restore the F petitioners to their jots of Feeder Teachers and direct the respondents to pay enhanced honorarium from Rs,2500 per month to Rs,8000 per month.