2025 PLP (C (PLC(CS))

JAHANZEB KHAN, J.

The instant writ petition under Article 86(2) of the Government of Gilgit- Baltistan Order, 2018, read with enabling Articles of the Constitution of the Islamic Republic of Pakistan, 1973 has been filed by the petitioner for issuance of writ of mandamus with the prayer that: "It is, therefore, humbly prayed that this Honourable Court may graciously be pleased to accept this writ petition and direct the respondents to appoint the petitioner in the post of Sub-Engineer Water and Power Department Gilgit-Baltistan District Astore, which was vacated on death of his deceased brother to meet the ends of justice, law and equity. Or any other relief in kind of appointment which this Honourable Court deems fit and proper by keeping in view the academic qualification and eligibility of the petitioner, may kindly be granted by directing the respondents to meet the ends of justice." Brief facts giving rise to the instant writ petition are that, on 31-07-2025, brother of petitioner namely Muhammad Shafa Sub-Engineer (BS-11) met a road accident while coming back home from duty passed away as a result of severe head injuries. The widow of the deceased (Muhammad Shafa son of Faqir Muhammad) has nominated the brother of her husband namely Ali Muhammad son of Faqir Muhammad to be appointed against the said vacant post under the Prime Minister Family Assistance Package. Petitioner approached the concerned Department by filing applications but the respondents are reluctant to appoint the petitioner against the said vacant post. Hence this petition.

2. Copy of petition was provided to the respondents for filing of parawise comments, thereupon, respondents furnished the same through learned DAG Mr. Muhammad Qadir, wherein the respondents denied the claim/ plea of the petitioner with sufficient and cogent reasons in support of their version, as such the case is heard by the Division Bench of this Court for just decision of the matter in hand.

3. Learned counsel for the petitioner Mr. Ghulam Muhammad advocate advanced his arguments by submitting that petitioner is entitled for appointment against the post of Sub-Engineer (BS-11) under the Prime Minister Family Assistance Package. He argued that father of the deceased Muhammad Shafa has already gone to his account before the sudden demise of the deceased Muhammad Shafa and his widow does not want to obtain the Government job against the said post whiles the children of the deceased are minor and are not entitled for the said post. The widow and mother of the deceased have nominated/recommended the present petitioner (brother of deceased Muhammad Shafa) to be appointed against the same post of Sub-Engineer (BS-11) as the petitioner is eligible for the said post and holds/possesses the relevant degree required for the said post (Sub-Engineer). Learned counsel further argued that the widow, children and mother of the deceased Muhammad Shafa are living with the petitioner Ali Muhammad and the petitioner is the sole bread earner of the family. Learned counsel further submitted that the respondents have already entertained such like cases and have appointed the brothers/ candidates of deceased persons under the PM Family Assistance Package. With these submissions learned counsel prayed for acceptance of the present petition to meet the ends of justice.

4. Conversely, learned DAG Mr. Muhammad Qadir ardently opposed the contention of the learned counsel for the petitioner and argued that under the Prime Minister Family Assistant Package for families of deceased employees of Government of GB only one member/legal heir is eligible i.e. widower and children may be appointed against the post of Sub-Engineer (BS-11), whereas, the present petitioner is real brother of deceased Muhammad Shafa and he is not legal heir of the deceased, therefore, he is not eligible to be appointed against the post Sub-Engineer (BS-11). Reliance was placed on clause 6 of revised Notification of Services and General Administration and Cabinet Department dated 2nd June, 2021. Learned DAG further argued that as per clause 8 of revised Notification of Services and General Administration and Cabinet Department dated 2nd June, 2021, "If the widow of the deceased of Government Employee is not alive and all the children are minors, employment under CM's Assistance Package shall be given to the eldest child on attaining the age of 18 year as per his/her qualification in the relevant department. The offer shall be valid for 02 years. Till that time the Government shall create a supernumerary post for payment of salary to the minor children of the deceased Government Employee." He further submitted that facts of the instant case are totally different as compared to the cases decided by this court relating to the PM's/ CM's Family Assistance Package. Lastly, he submitted that the petitioner without exhausting the available departmental forum, has rushed to invoke the writ jurisdiction of this Court in a hasty manner. He prayed that this writ petition is not maintainable and liable to be dismissed.

5. We have considered the arguments advanced by the counsel for the parties and perused the record with their able assistance.

6. Admittedly, the present petitioner is real brother of deceased Muhammad Shafa and children of deceased are minor, therefore, they are not eligible for appointment against the post of Sub-Engineer (BS-11) and the widow of the deceased is not willing to be appointed against the aforesaid post rather she has nominated the present petitioner for appointment against the above mentioned post as he (the present petitioner) is the sole bread-earner of the family. Moreover, the petitioner is looking-after the children of the deceased, therefore, the petitioner is entitled for appointment against the post of Sub-Engineer (BS-11) under the Prime Minister/CM's Family Assistant Package. Furthermore, perusal of case file transpires that the respondents vide office order No.IGP- 191)/AP/E-III/1283-88/2019 dated 29th January, 2019 have appointed one Zahid Hussain son of Muhammad Jalil, real brother of deceased Shaheed FC Arif Hussain as ASI (BS-09) in Police Department GB under the Prime Minister Family Assistance Package. The respondents have also appointed real brother of another deceased FC Muhammad Wakeel as LDC in Police Department under the same Package.

7. We consider that this discriminatory act of the respondents against the present petitioner, is in acceptable and inappropriate. We have come to the conclusion that the petitioner, being eligible and having relevant qualification/ degree, is entitled for appointment against the post of Sub-Engineer (BS-11) under the PM Family Assistance Package admissible to the family members of Government Employees who died during their services.

8. In view of the above discussion, the instant writ petition is allowed and consequently, the respondents are directed to appoint the present petitioner against the post of Sub-Engineer (BS-11) under the Prime Minister Family Assistant Package within two months after passing of this judgment under intimation to this Court through Registrar of this Court for our perusal. File. MQ/9/GB Petition allowed.