' By this common order we propose to dispose of the two Constitutional Petitions Nos.D-982 and D- 983 of 1999. The case of the five petitioners in the abovesaid petitions is that they were appointed as Lady Teachers in Non-Formal School vide orders of different dates in the year 1996 by the respondent No,1, Director Non-Formal Basic Education, Sindh at an honorarium of Rs,1,000 per month. All of them had been paid their honoraria up to September, 1998 whereafter, they are not getting payment due to the respondents and the same have been withheld from the month of October, 1998.
2. The petitioners, in their respective petitions, have prayed as follows:--
(a) To declare that the respondents are in breach of the statutory and contractual obligations in so far as that they failed to pay the petitioner.
(b) To order the respondents to pay each of the petitioners the arrears of the honoraria with effect from October, 1998 till date at the rate of Rs,1,000 per month.
(c) To order further that the respondents continue to pay Rs,1,000 per month to the petitioners hereafter till they continue to provide their services in the future.
(d) Any other relief which this Hon'ble Court deems fit in the circumstances of the case.
(e) Cost of the petition.
3. The comments have been filed by the respondent on perusal of which we find their statement at para. 5 as under:-- ' That Budget for salaries is provided by PMLC, Islamabad/Ministry of Education, Islamabad. This Project was established in the year 1996 the PMLC released the Budget up to March, 1999, PMLC got released an amount of Rs,76.051 Million from Federal Treasury but released Rs,49.906 Million to NFBE Sindh. An amount of Rs,17.155 Million of the Sindh share is still with PMLC. Due to this short fall of Rs,17.155 Million, the Teachers have not been paid. The respondent No,1 has made several requests but PMLC did not pay any head to the requests of the respondent No, 1 .
4. In the comments the respondent Director has admitted that the petitioners are performing their duties and they were paid their salaries/honoraria up td September, 1998. No comments, however, have been filed by respondent No,2 till today.
5. It was argued by the learned counsel for the petitioners that the respondents have wrongfully denied the petitioners' right to remuneration for their services rendered. It was argued that violation of the Appointment Order was the breach of solemn terms of contract which every Muslim is bound to honour. The respondents have acted in contravention of Article 2A of the Constitution of Islamic Republic of Pakistan The learned counsel also referred to the case of M/s. Wak Orient Power and Light Limited, Gulberg-III, Lahore v. Government of Pakistan, Ministry of Water and Power and others (1998 CLC 1178).
6. Mr. Muhammad Sarwar Khan, learned Additional Advocate-General, Sindh and Mr. S.M. Zaki, learned Deputy Attorney-General, appearing for respondents Nos.1 and 2, respectively, have not controverted the factual position of the petitioners' case. They have, however, raised other pleas although they agree that the amount due by the petitioners to the respondents is very meagre and their claim is justified.
7. We, therefore, in view of the prayers made by the petitioners and the statement of respondent No,1 find that the prayers of the petitioners are justified and accordingly direct the respondents to make the payment of honoraria to the petitioners, as prayed, within a period of two months. The petition is allowed, in the above terms, with no order as to costs.