2023 PLC(CS)N 53

SHABINA KARIM Versus PROVINCIAL GOVERNMENT through Chief Secretary Gilgit-Baltistan Gilgit

Citation2023 PLC(CS)N 53

CourtGilgit-Baltistan Chief Court

Judge(s)Wazir Shakeel Ahmed, CJ and Ali Baig

ALI BAIG, J.---- This writ petition under Article 86(2) of Gilgit-Baltistan Order 2018 read with enabling Articles of the constitution of Islamic Republic of Pakistan 1973, has been filed by petitioner namely Mst. Shabina Karim daughter Abdul Karim residence of Jalalabad, Tehsil Danyore District Gilgit seeking the following reliefs:-

(a) Respondents may kindly be directed to adjust the petitioner within the limits of union council Jalalabad.

(b) The impugned notice dated 10th June, 2019 may be declared null and void.

2. Brief facts necessary for disposal of this writ petition are that petitioner was appointed as EST (BPS-14) vide Office Order dated 24-6-2017, in compliance with the judgment of this Court dated 29-11-2016, passed in Writ Petition No.171/2015. After appointment of petitioner against the post of EST (BPS-14), she was adjusted at Girls Middle School Farfooh Bagrote for pay purpose vide Office Orders dated 14-9-2017 and 27-9-2017 and petitioner was directed to perform her duty at Girls High School No.2 Gilgit. Accordingly, petitioner joined her service/duty at Girls High School No.2 Gilgit vide her joining report dated 9-10-2017. Now, the respondents have directed the petitioner to perform her duty at Girls Middle School Farfooh Bagrote. Feeling aggrieved by the aforesaid order; the petitioner has filed this writ petition in this Court.

3. The copy of the aforesaid writ petition was supplied to the respondents for furnishing parawise comments. Accordingly, the respondents have furnished parawise comments, wherein, they have stated that in the light of judgment of this Court dated 29-11-2016, passed in Writ Petition No.171/2015, petitioner was appointed against a post of EST (BPS-14) and has been adjusted against a post of DM (BPS-16) at Girls Middle School Farfooh Bagrote instead of adjusting/posting the petitioner in Girls High School Jalalabad as there was no any vacant post in the limits of Union Council Jalalabad.

4. The learned counsel for the petitioner has contended that Departmental Recruitment Committee vide DRC Meeting has recommended the petitioner to appoint her against vacant post of EST (BPS-14) in Girls High School Jalalabad. In the light of recommendations of DRC, this Court had passed a judgment in favour of the petitioner vide judgment dated 29-11-2016, therefore, the respondents were bound to adjust the petitioner against the above mentioned post in Girls High School Jalalabad, but the respondents have illegally adjusted the petitioner against a post of DM (BPS-16) in Girls Middle School Farfooh Bagrote, therefore, by accepting this writ petition, the respondents may be directed to adjust/transfer the petitioner with pay from Girls Middle School Farfooh Bagrote to any Girls School situated within the limits of Union Council Jalalabad.

5. On the other hand, the learned Assistant Advocate General and the Legal Advisor Education Department have controverted the arguments advanced by the learned counsel for the petitioner by contending that since no any vacant post of EST (BPS-14) was lying vacant within the limits of Union Council Jalalabad, therefore, the petitioner was adjusted against a clear vacant post of DM (BPS-16) in Girls Middle School Farfooh Bagrote.

6. We have heard the learned counsel for the parties and perused the record of the case.

7. From perusal of record, it transpires that the petitioner had appeared in the test/interview before the Departmental Recruitment Committee (DRC) and her name was placed in waiting list. Thereafter, the Departmental Recruitment Committee (DRC), after examination of written test/interview as well as professional documents, recommended the petitioner to appoint against a post of EST (BPS-14) in Girls High School Jalalabad; but, thereafter, the recommendations of the Departmental Recruitment Committee (DRC) were not implemented by the competent authority, therefore, the petitioner had filed a writ petition (W.F. No.171/2015) in this Court, and this Court vide judgment dated 29-11-2016 has allowed the said writ petition of the petitioner. In compliance with the said judgment of this Court, petitioner was appointed against a post of EST (BPS-14).

8. Since the Departmental Recruitment Committee (DRC) has recommended the petitioner to appoint against a post of EST (BPS-14) in Govt. Girls High School Jalalabad, therefore, the petitioner is entitled to be adjusted/posted in any Government Girls School situated within the limits of Union Council Jalalabad, if a post of EST (BPS-14) is not lying vacant in Govt. Girls High School Jalalabad.

9. In view of what has been discussed above, this writ petition is allowed. Consequently, the respondents are directed to adjust/transfer the petitioner from Govt. Girls Middle School Farfooh Bagrote and be posted in any Govt. Girls School within the limits of Union Council Jalalabad as being female the petitioner cannot perform her duty at remote area of Bagrote and, if a post of EST (BPS-14) is not lying vacant within the limits of Union Council Jalalabad, then the petitioner be adjusted/ posted in any Government Girls School situated within the limits of Union Council Danyore. This writ petition is disposed of accordingly. File.

SA/204/GB Petition allowed.