| Citation(s) |
|---|
| 2023 SLG 392 2023 SLD 392 2023 PLC 100 |
Balochistan High Court
Constitution Petition No.383 of 2021, decided on 4th June, 2021. Date of hearing: 2nd June, 2021.
NAEEM AKHTAR AFGHAN AND ZAHEER UD DIN KAKAR, JJ
Taqweem Shah for Petitioner. Abdul Basit Shah and Qasim Mandokhail for
Respondents Nos.3 to 19. Zahoor Ahmed Baloch, A.A.G. along with Muhammad Abbas, DSP Legal for
Respondents.
Constitution Petition No.383 of 2021, decided on 4th June, 2021. Date of hearing: 2nd June, 2021.
NAEEM AKHTAR AFGHAN AND ZAHEER UD DIN KAKAR, JJ
Taqweem Shah for Petitioner. Abdul Basit Shah and Qasim Mandokhail for
Respondents Nos.3 to 19. Zahoor Ahmed Baloch, A.A.G. along with Muhammad Abbas, DSP Legal for
Respondents.
AZIZULLAH
VERSUS
The INSPECTOR GENERAL OF POLICE BALOCHISTAN, CENTRAL POLICE OFFICE and 18 others
Law:
Section:
JUDGMENT IJAZ UL AHSAN, J.---Through the instant Petitions, the Petitioners have challenged two s of the Islamabad High Court both dated 04.10.2018 (hereinafter referred to as the Impugned Judgments). Through the Impugned Judgments, the Peshawar Electric and Power Company (hereinafter referred as PESCO) as well as the Water and Power Development Authority (hereinafter referred as WAPDA) were directed to extend the Prime Ministers Assistance Package of 2014 to the private Respondents in their respective Civil Petitions (CPLA No.4963 of 2018 having been filed by PESCO and CPLA No.5021 of 2018 filed by WAPDA). 2. The brief facts leading to both these petitions are that two writ petitions were filed by Mst. Sajeeda Begum and Mst. Gul Farah Jaan (hereinafter referred to as the Respondents) against PESCO and WAPDA respectively before the Islamabad High Court. Both of them prayed for directions to PESCO and WAPDA respectively to compensate them in accordance with the 2014 Prime Ministers Assistance Package. Mst. Sajeeda Begum contended that she was the widow of the deceased Ghani-ur-Rehman who, while employed as a Lineman-2 with PESCO, died in-service on 20.07.2013. Mst. Gul Farah Jaan, on the other hand, is the widow of the deceased Rasheed Ahmed, who was employed as a Chowkidar (BPS-2) with WAPDA. Rasheed Ahmed died on 24.06.2016. Instead of the Prime Ministers Assistance Package, Mst. Gul Farah Jaan received WAPDAs own Assistance Package as recompense. These writ petitions were allowed by the Islamabad High Court vide the impugned s and both PESCO and WAPDA were directed to compensate the Respondents in accordance with the 2014 Prime Ministers Assistance Package in terms of office memorandum dated 20.10.2014. The impugned s have now been challenged before us by PESCO and WAPDA. 3. The Learned Counsel for PESCO contends that PESCO is a public limited company incorporated under the Companies Ordinance, 1984. While PESCO may be a government-owned company, its employees cannot be treated as government employees in the absence of any statutory law or rules expressly classifying PESCOs employees as government employees. Without any such statutory backing, the employees…
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