2023 PLP (C (PLC(CS)N)

WAQAR AHMAD SETH, J.

Through the instant Writ Petition, the petitioner has prayed for issuance of an appropriate writ directing the respondents to issue his salaries from January, 2016 and onward with further direction to regularize him on the existing post of Naib Qasid with all back benefits.

2. Brief facts of the case are that father of the petitioner was working as Naib Qasid at Sereal Crop Research Institute (SSRI), Tarnab Peshawar, however, he died during service on 5.7.2013 and thereafter, the petitioner was appointed against the post of Naib Qasid on contract basis for a period of two years in terms of Establishment Division, Government of Pakistan O.M. No. 7/40/2005-F-2 dated 13.6.2006 (under an Assistance Package for families of Government Employees who die in service) vide office order dated 31.1.2014. According to the petitioner, after appointment, he regularly performed his duties but the respondents have neither paid salary w.e.f. January, 2016 till date nor his services were regularized in view of revised/amended Assistance Package Policy vide office memorandum dated 20.10.2014; hence, the instant Writ Petition.

3. Respondents Nos. 2 and 3 have furnished comments and denied the assertion of petitioner by stating that the petitioner was appointed on contract basis for a period of two years, which expired on 9th January, 2016 and all the salaries had already been paid to him; thus, the demand of petitioner for salary is illegal, unjustified and without any lawful excuse. They further stated that during the year, 2014, the Establishment Division, Government of Pakistan vide O.M. No. F8/10/2013-E2 dated 20.10.2014 has issued the revised Family Assistance Package wherein the employment of widow/widower, one son or daughter may be offered the posts in BS-01 to BS-15 on regular basis without advertisement against the criteria of which the applicant fulfils. However, the said O.M. remained held in abeyance vide Establishment Division's O.M. No. 8/10/2013-E.2 dated 9.2.2015 till receipt of final decision of the Government of Pakistan. Subsequently, the Establishment Division, Govt. of Pakistan has again issued the revised Assistance Package vide their O.M. No. 8/10/2013-E.2 (Pt) dated 4.12.2015 which is applicable/admissible for the families of Government employees who die in service w.e.f. 9.2.2015. Therefore, the provisions of Family Assistance Package dated 20.10.2014 and 4.12.2015 are not applicable to the petitioner; hence, requested for dismissal of instant Writ Petition.

4. Arguments heard and record perused.

5. There is no dispute to the facts that Muhammad Iqbal, Qasid died on 5.7.2013, and his son, the petitioner namely Muhammad Owais moved an application for appointment under the Assistance Package for families of Government Employees, who die in service. The application of the petitioner was accepted and vide Office Memorandum dated 8.1.2014; petitioner was appointed as Naib Qasid SPS-1 at Social Sciences Research Institute, ARI, Tarnab, Peshawar, but on contract basis for a period of two years, in terms of Establishment Division, Government of Pakistan O.M. No. 7/40/2005-F-2 dated 13.6.2006. The dispute started over here as petitioner's father died on 5.7.2013 and was supposed to have been appointed under Office Memorandum dated 20th October, 2014, which was effective from 15.6.2013 and not under the Office Memorandum dated 13th June, 2006.

6. Office memorandum dated 20th October, 2014, annexed at page 17 of the writ petition is effective from 15.6.2013 and according to which "employment of widow / widower, one son or daughter to the post in BPS-1 to BPS-15, on regular basis without advertisement against the post for which the applicant fulfils". The day when petitioner's father died in service and he was appointed against the post, the above referred Office Memorandum / Assistance Package dated 20th October, 2014, was in field and effective.

7. The plea of the respondents that Assistance Package dated 20th October, 2014, was held in abeyance vide order dated 9.01.2015, is neither legal nor justified for the reasons that the order of held in abeyance cannot be made applicable retrospectively, as the day when petitioner's father died and his appointment order was issued, only office memorandum dated 20th October, 2014, was in field. Learned counsel for respondents badly failed to justify the claim that the order of held in abeyance dated 09.01.2015 was having retrospective effect.

8. In view of the above this writ petition is allowed, as prayed for by holding that petitioner case comes within the ambit of Office Memorandum dated 20th October, 2014 effective from 15.6.2013 till the time when it was held in abeyance. Petitioner is deemed to be a permanent employee / Naib Qasid and is entitled to wages since January 2016 onwards. MQ/338/P Petition allowed.