2023 PLP (C (PLC(CS))

QAISER RASHID KHAN, J.

Through this common judgment, we intend to dispose of the present writ petition No. 1147-P of 2017 along with the connected W.Ps. Nos.1148-P and 1149-P of 2017 as identical questions of law and facts are involved in all these petitions.

2. In the petition in hand, the petitioner is the father of Shaheed Amjad, who served as Khassadar in Khassadar Force, Khyber Agency, in W.P.No.1148-P of 2017 petitioner is the brother of Shaheed Farhad, who served as Levy Sepoy in the Khyber Agency while in the W.P. No.1149-P of 2017, the petitioner is the father of Shaheed Shafi Ullah, who served as Khassadar, in the Khassadar Force, Khyber Agency and on the fateful day i.e. 01.03.2014, while escorting the Polio Workers in the Polio Eradication Campaign, embraced martyrdom due to explosion caused by a bomb planted by the road side but as against the payment of Rs.3 million by way of compensation in such like cases, only a sum of Rs.3,00,000/- has been paid to the legal heirs of each Shaheed and that is how the petitioners are before this court with their grievances.

3. In the morning, when we took up this petition for hearing, we put on notice both the learned Assistant Attorney General Mr. Mansoor Tariq and the learned Additional Advocate General Syed Sikandar Hayat Shah along with Mr. Muhammad Adil Khan, advocate representing FDMA to assist us in the matter. After a while, when they put up appearance, we questioned Mr. Mansoor Tariq, the learned Assistant Attorney General as to why the petitioners have been deprived from the full compensatory amount as paid to the legal heirs of other Shuhada, he stated that the said amount of Rs.3 million is only meant for Shuhada, who have remained regular government servants and that Shuhada in the present petitions were only engaged in duty with the Polio Eradication Team. When still questioned as to why the authorities have made different and distinct classes of martyrs, he stated that this is what the policy of the government is all about. Anyway, our attention was still drawn to a Special Situation Report dated 01.03.2014 addressed by the Political Tehsildar Jamrud to the Assistant Political Agent Jamrud, Khyber Agency where the names of Shuhada namely Amjad and Shafi figure as proxy Khassadars. In this respect, the learned Assistant Attorney General states that such Khassadars are engaged by the political administration on contract basis. We wonder that where Shuhada in these petitions were engaged on contract basis and when they embraced martyrdom while performing their duties with the Polio Eradication Team in the Khyber Agency, then why they should be treated with a different yardstick. We have not been able to get satisfactory replies in respect of the queries posed to both the learned Assistant Attorney General and learned Additional Advocate General in this respect. Moreso, it is always expected of the authorities that they should be displaying a degree of fairness while framing their policies, especially, in cases where people knowing well the nature and sensitivity of their job description, still go all out to perform their duties and in the process meet with such fateful incidents like the present one.

4. Accordingly, we admit and allow this and the connected writ petitions in terms of directing the respondents to pay the balance amount of Rs.2.7 million to the legal heirs of each Shaheed as in other cases. The needful be done within two months. MH/323/P Petition allowed.