Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Contract officials---Compensation for legal heirs, payment of---Petitioners were legal heirs of deceased officials who laid their lives while escorting Polio Workers during Polio Eradication Campaign---Grievance of petitioners was that instead of full compensation of Rs. 3 million they were given only Rs.300,000---Plea raised by authorities was that the deceased officials were employed on contract basis and were not regular employees---Validity---Deceased-Shahuda were engaged on contract basis and they embraced martyrdom while performing their duties with Polio Eradication Team in Khyber Agency---Deceased officials should not have been treated with different yardstick---Authorities should display a degree of fairness while framing the policies, especially in cases where officials/employees knowing well the nature and sensitivity of their job description still go all out to perform their duties and in the process, met with fateful incidents such as in the present case---High Court directed the authorities to pay balance amount of Rupees 2.7 million to legal heirs of Shaheed Officials---Constitutional petition was allowed accordingly. ORDER 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…

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