Case Details

Citation(s)
2024 SLG 2727 2024 SLD 2727 2024 PLC 294
Gilgit Baltistan Chief Court
Writ Petition No.307 of 2021, decided on 18th September, 2023Date of hearing: 18th September, 2023..
Before Ali Baig, CJ and Raja Shakeel Ahmed, J
Islam Uddin for Petitioner. D.A.G. Mehmood Kamal Afandi assisted by Shams ur Rehman, L.A. for
Respondents.

MEHTAR ABBAS

VS

PROVINCIAL GOVERNMENT OF G.B. through Chief Secretary G.B. Gilgit and 3 others

Law:

Section:

Civil service--- ----Appointment---Appointment on the basis of Prime Minister's Assistance Package---Petitioner being real son of the deceased employee was appointed against the post of Stenotypist---Petitioner sought directions under writ jurisdiction contending that since his father was serving as Girdawer in Revenue Department , therefore, he might be appointed against the said post (Girdawer)---Validity---Record revealed that widow of the deceased , by an affidavit and application, had nominated the petitioner for appointment against any post under Prime Minister's Assistance Package admissible to legal heirs of government employees who died during service---Accordingly, the respondent/department had appointed the petitioner against the post of Stenotypist---(Any) one legal heir of the deceased employee could be appointed against a post from BPS-1 to BPS-15 in accordance with qualification---In compliance with relevant provisions of Prime Minister's Assistance Package, the petitioner had already been appointed against the post of Stenotypist---Respondents were not bound to appoint the petitioner against the post of his choice i.e. Girdawer as such he was not entitled to be appointed against the post of Girdawer BPS-11---Petitioner had failed to make out case for interference of the Chief Court---Writ petition was dismissed, in circumstances. JUDGMENT ALI BAIG, CJ.----The instant writ petition has been filed by the petitioner above named under Article 86(2) of the Government of Gilgit-Baltistan Order, 2018 and seeks following prayers/remedies:-- a) That respondents may kindly be directed to appoint the petitioner as Girdawar BS-11 in the Settlement Office instead of Steno-typist BS-14 without any discrimination and pick and choose. b) Any other relief may be granted which this Hon'ble Court deems fit and proper to meet the ends of justice. 2. The respondents have contested the instant writ petition by filing their parawise comments wherein they have raised certain legal objections and have denied the claim/plea of the petitioner. 3. The learned counsel for the petitioner submitted that the father of the petitioner was an employee and was serving in the…
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