2020 PLP (C (PLC(CS)N)

ALI BAIG, J.

Through the instant writ petition filed by the petitioner under Article 71(2) of Gilgit Baltistan (Empowerment and Self Governance) Order, 2009 read with enabling Articles of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has sought the following remedies .

2. In view of above facts and legal position, it is prayed that. (a) The respondents may be directed to adjust/upgrade the pay scale from BPS 1 to BPS 9 against the clear vacant post of Nursing Assistant/Junior Medical Technician holding by the petitioner since 2012 with back benefits. (b) Any other remedy which this Hon'ble courts deems just and proper to meet ends of justice.

3. Precisely, the facts leading to the filing of the instant writ petition are that the petitioner was initially appointed against vacant post of Nursing Assistant on contract basis on 14.9.2012 in Health Department Astore on the basis of P.M Assistant Package as and contract service of petitioner has been extending by the respondents till 30-5-2016.

4. On 30-5-2016 the respondents vide office order dated 30-5-2016 have regularized the contractual service of the petitioner and has been appointed against the post of grade I at DHQ Office Astore, whereas the petitioner has been serving as Junior Medical Technician since 2012 and the petitioner has completed Junior Medical Technician course sessions 2013-14 in DHQ Hospital Astore and has passed the examination of said course held on 15 December 2014.

5. The learned counsel appearing on behalf the petitioner contended that although the petitioner was appointed as grade I on contact basis vide office Order No. 2911/ DHO/Estb/2011 dated 14th September 2012 by DHO Astore but the petitioner has been performing his duties as Nursing Assistant/ Junior Medical Technician in DHQ Hospital Astore since 14th September 2012 till to date and the respondents have wrongly regularized the contractual service of the petitioner against the post of grade-I, whereas the petitioner was entitled to be appointed against the post of Nursing Assistant/Junior Medical Technician (BPS 9). The learned counsel for the petitioner further argued that the petitioner has successfully completed Junior Medical Technician course session 2013 - 2014 in DHQ Hospital Astore and has been declared successful in the examination held on 15th December 2014, therefore the petitioner was entitled to be appointed against the post of Junior Medical Technician or Nursing Assistant (BPS-09) under P.M assistant package, therefore, by accepting this writ petition the respondents may be directed to appoint the petitioner against the post of Junior Medical Technician/Nursing Assistant (PBS-9).

6. On other hand the learned Assistant Advocate General and Legal Advisor Health Department G.B. controverted the arguments advanced by the learned counsel for the petitioner by contending that the petitioner has not completed/passed course of Nursing Assistant / Junior Medical Technician, therefore, he is not entitled to be appointed against the post of Junior Medical Technician / Nursing Assistant (BPS-09), thus writ petition of the petitioner is not maintainable and liable to be dismissed.

7. We have given our anxious consideration to the arguments advanced by the learned counsel for the parties and perused the record with their able assistance.

8. From perusal of record it transpires that the petitioner was appointed against post of grade-I in the office of District Health Officer Astore on the basis of Prime Minister Assistance Package for the families of deceased Government employees. The petitioner is diploma holder of Nursing Assistant training course and he is serving as Nursing Assistant as evident from experience certificate issued by Medical Superintendent DHQ Hospital Astore dated 15-7-2016. Moreover, his colleague namely Yasir-Ud-Din has been appointed against the post of JMT (BPS 09) vide office order No. 30th May, 2016 under the Prime Minister Assistance Package for the families of deceased Government employees who died during service. Furthermore, the petitioner has been drawing his salary against the post of Junior Technician as evident from his salary slip for the month of February, 2018 issued by AGPR, hence the petitioner is also entitled to be appointed either against the post of Junior Medical Technician or Nursing Assistant (BPS 09).

9. For what has been discussed above, this writ petition is allowed. Consequently the respondents are directed to appoint the petitioner either against the post of Nursing Assistant or Junior Medical Technician (PBS-9) within two months of the passing of this judgment and the respondents shall submit compliance report to this court through Registrar of this court for our perusal. This writ petition is disposed of accordingly. ZC/58/GB Petition accepted.