' Through this writ petition the petitioner has made grievance against non-payment of salary by the respondents although she was appointed as C.T. Teacher in B.S. No,9 in the year 1992 vide Office Order No,1285/G, dated 10-12-1992 (Annexure "A"). She further states that at present she is working as teacher at M.C. Girls High School, Fatehgarh, Lahore, where she was transferred on 18-9- 1994 by the Director Education, Metropolitan Corporation, Lahore, as is evident from Annexures 'B' and 'C'. A certificate has also been issued by the Headmistress M.C. Girls High School, Fatehgarh, Lahore, to the effect that since 21-9-1994 the petitioner has been performing her duties as a teacher in that school.
2. Report and parawise comments were called from the respondents. On 19-2-1995 Mr. Shabbar Raza Rizvi learned Additional A.-G. Appeared on behalf of the respondents who was assisted by the Superintendent General, Metropolitan Corporation, Lahore (respondent No,3). The latter admitted that the petitioner was appointed C.T. Teacher in the year 1992 and has not been paid salary so far, as stated in the writ petition. He, however, stated that the Mayor of the Metropolitan Corporation, Lahore, had made the appointment of the petitioner without prior approval of the Government. He conceded that the Mayor, at the relevant time, was competent to make such appointments under the law and that the petitioner was duly qualified for the job. However, he also stated that the petitioner's appointment was subject to approval by the Selection Board.
3. Learned counsel for the petitioner states that the appointment of the petitioner was duly notified by the respondent No,2 and after some time she was also interviewed by the Service Selection Board while she was in service. However, the recommendations of the Selection Board in respect of all the candidates, including the petitioner, were not implemented due to change in policy, but the petitioner continued to be in service. The petitioner thereafter repeatedly requested for payment of salary but for one reason or the other the same was not paid to her, although one Mst. Asma Yousaf, a P.T.C. Teacher of Junior Model Girls High School, Mustafabad, who was similarly placed, was being paid salary. The petitioner, therefore, complains that she has been also discriminated.
4. Admittedly, the petitioner was appointed by the Mayor of Metropolitan Corporation, Lahore as C.T. Teacher in the month of December, 1992 against a substantive vacancy and since then she has been performing her duties as a teacher without salary.
5. Memorandum No,220-MCL, dated 29-6-1994 from the Administrator, Metropolitan Corporation, Lahore, to the Secretary, Government of the Punjab Local Government and Rural Development Department, states that:- "The officials so appointed by the ex-Mayor of the Metropolitan Corporation, Lahore during the period from August, 1991 to August, 1993 the date of supersession of the Metropolitan Corporation, Lahore come to 107 and they have been posted against sanctioned posts but their salaries are withheld for want of necessary sanction of their appointment, these officials are regularly performing their duties in their respective departments from the dates of their appointment, and they are strongly -agitating for payment of their salaries. These officials have made a representation to the Government and also filed cases in the Courts for regularization of their cases and payment of their salary."
6. As observed, the petitioner has been performing duties as teacher in the schools maintained and controlled by the respondents, 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 relevant law. Under section 43 of the Punjab Local Government Ordinance, 1979 (hereinafter referred to as the Ordinance) Local Council may, on prescribed terms and conditions employ such servant as are necessary for the efficient performance of its functions and under section 46 ibid, Government may by Rules "prescribe scale or grade of pay for the servants of local councils". The prescribed rules are the "Punjab Municipal Committees Service Rules, 1969" as adopted under the said Ordinance.
7. The present situation, where the petitioner, a local council servant, is made to work without payment of salary for more than two years is against Islam which envisages payment of wages before sweat of toil is dried up. The performance of duties under these circumstances may also amount to forced labour which is forbidden by our Constitution, Article 11 whereof states in unequivocal terms that "All forms of forced labour and traffic in human beings are prohibited".
8. In terms of Article 29 of the Constitution of the Islamic Republic of Pakistan, 1973 the respondents are duty bound to act in accordance with the 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 employers 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, as are permanently or temporarily unable to earn their livelihood on account of infirmity, sickness or unemployment. The respondents, by not paying salary to the petitioner for the past more than two years have acted contrary to these principles of Policy. They exploited the situation and denied to the petitioner her valuable right to remuneration according to her grade which also is in violation of Article 3 of the Constitution which casts duty on the State to eliminate all forms of exploitation and gradual fulfilment of the fundamental principle, from each according to his ability, to each according to his work.
9. In the light of the above discussion this writ petition is accepted. The respondents are directed to immediately release the emoluments (salaries and other admissible allowances) to the petitioner from the date of her joining the service, till date, on the basis of her pay scale. However, there shall be no order as to costs.