ISLAMABAD, May 10: Chief Justice Iftikhar Mohammad Chaudhry said on Thursday that constitutional amendments deserved respect, but added that in his opinion health and education should not have been devolved to provinces.
He made the observation during the hearing of a petition by Bushra Arain, a lady health worker (LHW) who had sought initiation of contempt proceedings against the government for not implementing the court’s Sept 22, 2010, directive to frame service structure for LHWs and ensure job security and protection.
The chief justice was referring to the 18th Amendment under which the subjects of education and health have been devolved to the provinces.
He said this should not have been done because health and education were fundamental rights of the citizens.
Bushra Arain informed a two-judge bench headed by the chief justice that since the devolution of the health sector, the payment of monthly remuneration of only Rs7,000 had been erratic and paid after several months. Lady health workers were appointed in 1994 under the National Programme for Family Planning and Primary Health introduced by late Benazir Bhutto, but their services were never regularised. Around 112,000 LHWs are working across the country.
Their salary was increased to Rs7,000 from a pittance Rs3,200 on the apex court’s order on Nov 4, 2010.
On Thursday, representatives of the provinces conceded before the court that the salary was not being paid in time, sometimes not paid for months, because of erratic releases of funds to the provinces by the federal government.
The chief justice said he wondered how could LHWs survive on mere Rs7,000 that too without payments for many months. “At least I could not sustain myself if paid a salary after every three or four months.”
The court regretted that LHWs were not being paid salaries regularly in all provinces and despite being skilled and rendering services for 17 to 18 years, their jobs were not secure and their services were being terminated. Besides, there is no service structure for the LHWs.
The court directed the Planning Commission to take necessary measures to ensure that the salaries were disbursed every month, not later than fifth of each month.
The secretary of ministry of inter-provincial coordination was asked to appear before the court and explain why no step had been taken despite the health subject was mentioned in item 13 of part-II of the federal legislative list.
Chief secretaries of the four provinces are required to submit in two weeks comprehensive reports on regularisation of services.
Deputy Chairman of the Planning Commission Dr Nadeemul Haq will answer why LHWs are not being paid regularly and their jobs have not been regularised. He will also inform the court whether the salary of LHWs has been increased in accordance with the labour policy of the government.