2023 PLP (C (PLC(CS))

ALI BAIG, C.J.

This writ petition has been filed by the petitioner under Article 86(2) of the Govt. of Gilgit-Baltistan Order, 2018 seeking issuance of necessary directions to the answering respondents to appoint the petitioner as EST (BPS-14) or UDC (BPS-14) in Education Department Gilgit-Baltistan under the PM Assistance Package.

2. Brief facts of the case collected from the available record are that the present petitioner is real son of late Ameen Shah, who was permanent employee of Education Department and was serving as driver. The aforesaid employee had died during his service on 13th January, 2010. The petition being legal heir of the aforesaid deceased employee have sought relief as stated herein above under the PM Assistance Package introduced by the government for family members of government servants who die during their service.

3. The learned counsel for the petitioner argued that the petitioner being legal heir of the deceased government employee is entitled for employment under the PM Assistance Package. The learned counsel for the petitioner further argued that at the time of death of his father in the year 2010, the petitioner was minor, therefore the petitioner has filed the instant writ petition after attaining the age of 18 years. The learned counsel for the petitioner further argued that as per relevant notifications of the provincial government, the respondents are bound to appoint one family member of the above named deceased employee against any permanent posts of his qualification/eligibility. The learned counsel for the petitioner further argued that the mother of the petitioner has nominated him for employment under the PM Assistance Package and the petitioner is graduate from KIU GB, hence the respondents may be directed to appoint him against any post of EST (BPS-14) or UDC (BPS-14) in Education Department GB.

4. Conversely, the learned DAG assisted by L.A controverted the argument advanced by the learned counsel for the petition by contending that the daughter of the deceased employee namely Sajida Jahan has availed employment under the PM's Assistance Package soon after the death of his father, hence the present petitioner has no right to get employment under the PM's Assistance Package. The learned DAG and L.A further contended that the deceased government employee was died in the year 2010 and the petitioner has filed the instant writ petition after lapse of 13 years, as such the writ petition of the petitioner is time barred. The learned DAG and L.A further contended that the respondents have appointed one family member of the deceased government employee namely Mst. Sajida Jahan under the PM's Assistance Package, vide office order dated 19.03.2011, hence the plea of the petitioner is baseless and groundless, as such the instant writ petition being meritless is liable to be dismissed.

5. We have heard the arguments advanced by the learned counsel for the parties and have carefully perused the record available on file with their able assistance.

6. From perusal of record it transpires that father of the present petitioner namely Amin Shah was passed away on 13.01.2010 as evident from Death Certificate issued by Assistant Commissioner Gilgit dated 05.03.2010. Mrs. Sajida Jahan daughter of late Amin Shah has already, been appointed by the respondents against clear vacant post of BPS-01 under the Prime Minister Assistance Package, vide office order No.DGC-1(2)/2011/522 dated 19.03.2011. This fact has been concealed by the petitioner while filing the instant writ petition before this Court.

7. Since the employment admissible under PM's Assistance Package has already been availed by the daughter of the deceased employee, therefore, the present petitioner is not entitled for appointment against any post under the PM's Assistance Package.

8. For what has been discussed above, this writ petition being devoid of merit is hereby dismissed. However, the petitioner would be at liberty to file civil suit against the respondents in the Civil Court of competent jurisdiction if he thinks that his sister has not been appointed under the PM's Assistance Package if so desired.

9. This writ petition is disposed of accordingly. File MQ/112/GB Petition dismissed.