ZEESHAN AHMED Versus PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit Baltistan, Gilgit

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 with the prayer that:

"It is, therefore, very humbly prayed that by accepting this writ petition the respondents may kindly be directed to appoint/adjust the petitioner in the light of GB cabinet decision dated 16th June, 2020 as LDC BS-11 in Treasury Department GB for sake of justice, law and equity, to meet the ends of justice, law and equity."

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

3. There is no any document furnished with the petition issued by the competent authorities of the deceased Government Servant that the deceased was a Government Servant and he has died during his service but the respondents have not raised any objection in their parawise comments to this effect therefore, we presume that the deceased was a Government Employee who has died during his active service.

4. Learned counsel for the petitioner Mr. Basharat Ali. Advocate advanced his arguments by submitting that Mr. Abdul Raziq real uncle of the petitioner, has died on 04-02-2022, who was the employee of the Treasury Department GB serving as LDC BPS-11. He argued that petitioner is the real nephew/adopted child of his late uncle Mr. Abdul Raziq and was under supervision of his late uncle since his childhood and the petitioner was dependent upon his late uncle. He argued that Mr. Abdul Razaq Uncle of the petitioner, was unmarried person and has no real child, therefore, he had adopted the petitioner as his real child/adopted son and the petitioner looked after the late uncle throughout his life and also during the days of his illness/death-bed. Learned counsel further argued that the Gilgit Baltistan Cabinet has passed a decision on 16-06-2020, wherein at point No. 3 it is specifically said that:

"In case, the deceased government servant is unmarried, parents of the such deceased employee may appoint any one of their child for appointment under the Assistance package."

He further argued that the petitioner's grandfather, grandmother and other uncles have no objection if the petitioner is appointed/ adjusted against the post of his deceased uncle in the light of the

Cabinet Decision dated 16-06-2022. The petitioner is eligible and possesses all the pre requisites for his appointment against the post of LDC BS-11.

Learned counsel for the petitioner further argued that the petitioner has also filed a departmental appeal before the concerned department/to the respondent No 3 but the same is still unattended. He argued that in a similar matter the Honorable GB Chief Court vide its decision dated 28-10-2021 in case titled as "Anwar Ali v. Provincial Government etc." has already passed an order/judgment to appoint/adjust the petitioner in place of his deceased sister. He lastly prayed for acceptance of the instant petition to meet the ends of justice law and equity.

5. Conversely, learned DAG Mr. Mahmood Kamal Afandi controverted the contention of the learned counsel for the petitioner and argued that under the Prime Minister Family Assistance Package for families of deceased employees of Government of G.B only one member/legal heir is eligible, i.e. widower and children may be appointed against the post, whereas, the present petitioner admits to be an adopted child of the deceased employee Abdul Raziq and he is not the legal heir of the deceased, therefore, he is not eligible to be appointed against the post LDC (BS-11). Reliance was placed on

Point No.3 Cabinet Decision Dated 16th June, 2020, wherein, it is expressly written that the nominee should be real child of the deceased employee. They argued that neither siblings nor relatives of the deceased unmarried employee are entitled for appointment under the CM Assistance Package. In the instant case the petitioner is an adopted son, therefore, he is never entitled for appointment against the claimed post of LDC BS-11.

Learned DAG 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 Packages. 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 in law and facts, hence liable to be dismissed.

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

7. Admittedly, the present petitioner is an adopted son of deceased Abdul Raziq, and the Chief Minister/Prime Minister's Assistance Package unequivocally speaks that in case of death of unmarried Government Servant, the nominee of parents should be the real child of the parents of the deceased employee. The relevant part reads as under:

"In case, the deceased government servant is unmarried, parents of such deceased employee may nominate one of their children for appointment under Assistance Package."

The above decision expressly provides that the parents of deceased unmarried employee may avail employment under the Assistance Package only by nominating one of their children for appointment/adjustment under the Assistance Package. It is pertinent to note here that the petitioner has in pare No. 3 of this petition claimed that Grandparents and other uncles of the petitioner have no objection if the petitioner is appointed in the light of the Cabinet decision for employment under Assistance Package. The narration to the extent of Grandparents of the petitioner is untrue, misleading and unfounded for the simple reason that the LRs certificate of the deceased employee annexed with the petition by the petitioner bearing No.Misc.-3(6)/ 190/2022 dated 26th July, 2022 does not mention that parents of the deceased Government Employee are alive and deceased have left behind them as his surviving LRs and the affidavit dated 17/10/2022 also does not bear their names.

7. It is admitted that the present petitioner is an adopted son of the deceased employee Abdul Raziq and an adopted son is not eligible to be appointed against a post after death of the Government Employee under the Assistance Package and even the parents of the deceased Government Employee if they are alive have no legal authority to nominate the petitioner/a grandchild for appointment under the CM Assistance Package, hence the present petitioner cannot claim his appointment against the post of LDC BS-11 under CM/PM's Assistance Package and the petition is highly misleading and meritless.

8. Owing to the above discussion, we are inclined to dismiss the instant petition being devoid of merit and bereft of any legal substance. Order accordingly. File.

MQ/7/GB Petition dismissed.