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2016 PLC (C.S.) 524

FAZILA SHAHEEN vs PROVINCIAL GOVERNMENTthrough Chief Secretary and 5

Citation2016 PLC (C.S.) 524
CourtGilgit Baltistan Chief Court
Case No.Writ Petition No.96 of 2012
Date2015-04-25
Judge(s)Wazir Shakeel Ahmed, Muhammad Alam
ResultPetition allowed

ORDER

' MUHAMMAD ALAM, J.--- Through this writ petition, petitioner has prayed for regularization of her contractual appointment as permanent in the light of Family Package.

2. It is not disputed that petitioner is widow of Mr. Shabbar Ali. It is also not disputed that deceased husband of petitioner was Lab. Assistant. The husband of petitioner died while in service, therefore, learned counsel for respondents did not dispute the question that petitioner was entitled to avail the benefits of Family Package. Family Package for the families of government employees, who died during their service, is also not a disputed question.

3. During arguments before us, learned counsel for respondents further admitted that, by now, the government has introduced new family packages for the families of the government employees who died during service. In the light of the new package, it is an admitted affair that the government has undertaken to appoint any member of the family of deceased government employees on permanent basis unlike the previous family package, wherein appointment was made only for two years.

4. In these circumstances, we hold that petitioner is entitled to be appointed as government employee, but we disagree with the prayer of the petitioner that she should be appointed as Lab.

Assistant. For the post of Lab. Assistant, some special educational qualification is required and some other merit standards are observed. In our opinion, in that case, petitioner should fulfill such standards or otherwise she cannot be declared entitled to the suit post simply because she is widow of a government employee. We, therefore, hold that petitioner is entitled to be appointed against any post, but we do not direct her appointment against the suit post. We, therefore, direct the respondents for appointment of the petitioner against any post that petitioner is eligible to.

Petition accepted accordingly. This file be consigned to record.

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