2024 PLP (C (PLC(CS))

ALI BAIG, CJ.

The instant writ petition has been filed by the petitioner above named under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018 and seeks following prayers/remedies:-- a) That respondents may kindly be directed to appoint the petitioner as Girdawar BS-11 in the Settlement Office instead of Steno-typist BS-14 without any discrimination and pick and choose. b) Any other relief may be granted which this Hon'ble Court deems fit and proper to meet the ends of justice.

2. The respondents have contested the instant writ petition by filing their parawise comments wherein they have raised certain legal objections and have denied the claim/plea of the petitioner.

3. The learned counsel for the petitioner submitted that the father of the petitioner was an employee and was serving in the Settlement Office Gilgit as Girdawar BS-11 and died on 15-12-2021 during his service. The learned counsel for the petitioner further submitted that on the application of the mother of the present petitioner the respondent No.3 has appointed the petitioner as Steno- Typist BS-14 in the Settlement Office vide office order dated 26-10-2022. The learned counsel for the petitioner further submitted that the post of Steno-Typist is technical post having skill of short hand and computer literacy and the present petitioner has no experience required for the post of Steno-Typist BS-14, therefore, the petitioner may be appointed as Girdawar BS-11 in Settlement Office. The learned counsel for the petitioner further submitted that the respondents have appointed Mohammad Hamayoon son of late Naib Tehsildar, Mohammad Yousaf as Girdawar BS-11, Shafi Ullah son of late Kifayat Ullah Patwari BS-09 as Girdawar in the Settlement Office Gilgit vide order dated 30-04-2021 hence, the petitioner is also entitled for the same treatment by appointing him as Girdawar in BS-11 instead of Steno-Typist BS-14 in Settlement Office. The learned counsel for the petitioner lastly submitted that by accepting the instant writ petition the respondents may be directed to appoint the petitioner as Girdawar BS-11 in the Settlement Office to meet the ends of justice.

4. On the other hand the learned DAG assisted by the learned LA vehemently opposed the contentions raised by the learned counsel for the petitioner and submitted that the petitioner has no locus standi and no cause of action to file the instant writ petition against the respondents, hence, this writ petition is not maintainable and liable to be dismissed. The learned DAG further submitted that the instant writ petition is barred by law hence, liable to be dismissed. The learned DAG further submitted that one legal heir of a deceased government servant can be appointed against any post from BS-1 to BS-15 subject to the required qualification and availability of post. There is no legal obligation or provision that a legal heir must be appointed only against the post of his choice or desire. The learned DAG further submitted that the petitioner has been compensated by appointing him on higher post as Steno-Typist BS-14 in accordance with rules, therefore, he cannot be appointed against the post of Girdawar BS-11 hence, the instant writ petition is liable to be dismissed. The learned DAG further submitted that the petitioner has been treated equally as other nominees/ legal heirs of the deceased government servants. The appointment under Assistance Package is made as per qualification of the nominee and availability of the post. The Settlement Officer had recommended the petitioner for appointment against the available post of Steno-Typist BS-14 as direct therefore, the petitioner was appointed as Steno-Typist BS-14 without any discrimination. The learned DAG lastly submitted that the petitioner has no any fundamental right to appoint against a post on his own choice, hence, the instant writ petition is not maintainable and liable to be dismissed in the interest of justice.

5. We have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance.

6. Admittedly father of present petitioner namely Sharafat Hussain was serving as Girdawar in the Settlement Office Gilgit, who has passed away on 05-12-2021 during his service.

7. From perusal of record it transpires that the widow of the above named deceased vide an affidavit and application has nominated the present petitioner for appointment against any post under Prime Minister Assistance Package admissible to legal heirs of government employees who die during service. Accordingly the respondents have appointed the present petitioner, who is real son of deceased Sharafat Hussain against the post of Steno-Typist (BS-14) vide office order dated 26-11-2022. Now, the petitioner is claiming that since his father was serving as Girdawar in Revenue Department, therefore, he may be appointed against a post of Girdawar under the provisions of Prime Minister/Chief Minister Assistance Package for deceased government employees. Any one legal heir of the deceased employee can be appointed against a post from BPS-1 to BPS-15 in accordance with qualification.

8. In compliance with the relevant provisions of Prime Minister/ Chief Minister Assistance Package the present petitioner has already been appointed against a post of Steno-Typist vide office order dated 26-10-2022. Thus we are of the opinion that the respondents are not bound to appoint the petitioner against the post of his choice i.e. Girdawar as such the petitioner is not entitled to appoint against a post of Girdawar BS-11.

9. For what has been discussed above, this writ petition being bereft of merit is hereby dismissed. File. MQ/115/GB Petition dismissed.