2024 PLP (C (PLC(CS))

ABDUL HAMEED BALOCH, J.

This Constitutional Petition has been filed under Article 199 of the Constitution of the Islamic Republic of Pakistan ("the Constitution") with the following prayers: "Accordingly respectfully prayed, that this Hon'ble Court may kindly be pleased to direct the respondents to appoint the petitioner as his qualification on any suitable post in Police Department in Shaheed Quota in the light of notification dated 29.11.2013, 15-04-2015 and 26-06-2014 of Finance and Home Department, Government of Balochistan respectively. Any other relief which this Hon'ble Court deems fit and proper may also be granted in favour of petitioner any against respondents, in the interest of justice and fair play."

2. According to petitioner, his brother namely Daim Ali, Sub-Inspector was martyred and vide notification dated 12.11.2011, issued by Inspector General of Police Balochistan Quetta he was declared as "Shaheed" but till date the Shaheed family is not being offered the appointment order in view of the notifications/rules of Finance Department and Home Department, Government of Balochistan; that the petitioners being qualified person fulfills all the requirements as prescribed in the respective notifications/rules for appointment against Shaheed Quota, but despite approaching, the respondents are lingering on the matter on one and the other pretext, due to which the family of Shaheed is suffering badly, as such the petitioner has been left with no other option but to invoke the jurisdiction of this court in constitutional jurisdiction with the prayer as mentioned above.

2. The respondent No.2 filed para-wise comments stated that since Shaheed was martyred in the year 2010, therefore as per Government Policy/notification dated 28.10.2010 only widow or one child of Shaheed can avail the right for appointment as and when desired; that as per notification dated 20.06.2014, the request of the petitioner cannot be considered.

3. Respondents Nos.3 and 4 filed their separate para-wise comments stating therein that brother of petitioner namely Daim Ali was appointed as constable in police department on 05.07.1992; in the year 2010 he was performing his duty as Sub-Inspector in PS City Dera Murad Jamali when on 30-11-2010 he was martyred; vide Notification No.48024-30/12(20)A-11, dated 12.11.2011 issued by I.G. Police he was declared as Shaheed. The petitioner did not apply for any post against the Shaheed Quota; that no application of petitioner was received to this office for his appointment in the police department.

4. Heard. Perused the record. Perusal of record reveals that the petitioner filed the instant constitution petition for his appointment against any suitable post in the police department in Shaheed Quota. Respondent No.2 in his para-wise comments referred Notification No. FD(Reg-11) VII-11/2020/3029-3229, dated 28th October, 2010, issued by Finance Department Government of Balochistan. As per notification the government of Balochistan amended the compensation package/other facilities to the bereaved families in the Provincial Police, Balochistan Constabulary, Levies and Civil Servants with effect from 27th April, 2010. Para-C of the said notification being necessary is reproduced as under: c Employment. a) Special quota shall be fixed in Provincial Uniformed Forces i.e. police, Balochistan Constabulary, Levies and Civil Servants (B-17) for one child of the deceased personnel of Uniformed Forces and Civil Services provided she/he is qualified for the post. b) The spouse or children of the Provincial Uniformed Forces i.e. Police, Balochistan Constabulary, Levies and Civil Servants may be given employment in respective departments provided she/he is qualified for the post."

5. The Finance Department, Government of Balochistan vide notification dated 29th November 2013 modified the previous notification which reads as under: 3 Employment Either spouse or one child of the Shaheed employee may be given employment against a vacant post in BPS-01 to BPS-15 in the respective department provided he/she is qualified for the post.

6. Thereafter, vide notification dated 15.04.2015 the Finance Department, Government of Balochistan again modified the earlier notification dated 29th November, 2013, which reads as under: EMPLOYMENT: (i) If Married: Either Spouse or one child or nominee of spouse may be given employment against a vacant post in BPS-01 to BPS-15 in the respective department provided he/she qualifies for the post. (ii) If not Married: Nominee of Parent(s) of Shaheed employee may be given employment against a vacant post in BPS-01 to BPS-15 in the respective department provided he/she qualifies for the post. Note: Finance Department will create new/separate post specially for employment of one nominated family member of the Shaheed employee."

7. In pursuance of notification dated 15.04-2015 if the Shaheed employee was married, either spouse or one child or nominee of spouse may be given employment against the vacant post in the department provided he/she qualifies for the post.

8. On 14.06.2021 both the widows of Shaheed SI Daim Ali appeared before this court and confirmed their recommendation for the petitioner for his appointment against the Shaheed Quota in the police department. In this regard both widows of Shaheed SI filed affidavits and also appeared before respondent No.4 with statement that they are agreed for appointment of their brother-in-law (the petitioner).

9. As per modified policy, the nominee of spouse can be given employment against the vacant post in BPS-01 to BPS-15 in respective departments provided that he/she qualified for the said post. Both the widows of Shaheed employee have nominate the petitioner, therefore, as per referred notification the petitioner has to be considered for appointment in the police department. In view of the above, the petition is accepted. The respondents Nos.3 and 4 are directed to appoint the petitioner in police department as per his qualification. SA/36/Bal. Petition accepted.