MUHAMMAD NAEEM ANW AR, J. The petitioner through the instant petition seeks the prayer in term of direction to respondents to grant Shuhada Pack age No. F1 (OSR-II) 4-199/201 1 dated 22.4.201 1, announced by the Government of Pakistan, w.e.f 18.12.2008, for the family of Said Amin (husban d of petitioner), who embraced 'shahadat' .
2. As per averment of petition, Said Amin was the husband of petitioner , who while serving as sepoy in Frontier Constabulary (FC) with a total length of service of seven years and three months, was done to death by unknown militants on 01.02.2017, at about 6.00 p.m. He was granted seven days leave on 01.02.2017 and on the same day he has performed his duty. As death compensation, the Frontier Constabulary has granted Rs. 5, 00,000/-. She has requested for grant of Shuhada Package but no head was paid to it. Responde nts were also served with legal notice but to no avail, hence, this petition.
3. When respondents were put on notice, they have furnished their parawise comments, wherein they have taken an exception that in accordance with Rule 2(h) of Payment of Compensation Rules, 2014, the deceased sepoy Said Amin cannot be termed as "Shaheed" as he was on seven days leave (casual ), when he was gunned down by unknown militants. Respondents have fortified their submissions, while relying on the judgment of this Court, rendered in W.P No. 4108- P/2018 titled Mst. Naheeda vs. Commandant, Frontier Constabulary , Peshawar , and others, dated 24.01.2018, and requested for dismissal of this petition.
4. Arguments heard and record perused.
5. It appears from record that just after the incident on 01.02.2017, a special report was submitted by Political Tehsildar , Jamrud, to Assistant Political Agent, Jamrud, bearing No. 77, which reads as:- "Today 01.02.2017 at about 06.454 pm, it has been reported by the Post Commander Bigyari Check Post that one Said Amin s/o Adam Khel, Kuki khel, Mania Khel who was FC Employee was gun down by some unknown two offenders ridding on motor bike at Warmandu Mella area of Jamrud and made themselves escaped."
Thereafter , the matter was investigated and the Board proceedings were submitted with the recommendations, which are as under:- "A committee comprising over the following were formed to investigate that Sepoy Said Amin s/o Adam khel P/457 (QRF) of this Unit was gun down by some unknown two offenders riding on Motor Bike at Warmandu Meela area of Jamrud Khyb er Agency on 01.02.2017 at about 1800 hours vide Political Tehsildar Jamrud letter No. 277/PT Jamrud dated 01.02.2017(copy attached). The above named deceased Sepoy was on 07 days casual leave with effect from 01.02.2017 vide this office OB No. 157/AC dated 01.02.2017. The board members recommended that he may be granted death compensation as per his due entitlement.
6. The recommendations of Board were resulted into award of compensation of Rs. 500000/-, wherein at serial No. 5, a certificate was given to the ef fect that:- "Award of Compensation to the personnel of Frontier Constabulary .
5. Certified that (Rank) Sepoy (Name) Said Amin platoon No. 457 (QRF) died/ killed/ martyred permanently disabled/ injured serious or minor (as the case may be) while on bonafide government duty ."
7. In order to determine as to whether the deceased Said Amin falls within the definition of 'Shaheed' as per Payment of Compensation Rules, 2014. In this respect, Rule 2(h) is reproduced as under:- "'Shaheed' means any member of the Federally regulated LEAS, who is killed in encounters, including bomb blasts, riots, watch and ward duties and acts of terrorism while on bona fide Government duty, except suicide.
Learned AAG, while controverting the contentions of learned counsel for the petitioner focused on definition of 'shaheed' and contended that the deceased Said Amin was on leave on 01.02.2017, when gunned down by unknown militants and that the factum of death of an employee during 'leave' has already been determined by this Court, as such, the petitioner has got no case at all. First thing which requires determination is the actual date of commencement of leave, because it is an admitted fact that on 01.02.2017, he (Said Amin) was granted leave and he died/murdered on the same day. Date of commencement of leave has been provided in Rule No. 27 of Civil Servants Rules 1986, whereby it has been defined that:- Rule No. 27 Commencement of leave.
Notwithstanding any date or dates mentioned in the orders, granting any kind of leave, shall commence from the day following the day on which the Civil Servant hand over to leave charge of the post held by such civil servant, and end on the day preceding the day on which such civil servant, resumes duty"
8. The definition within the meaning of Rule 27 (supra) leaves no room to define it otherwise but would lead to an irresistible conclusion that on 01.02.2017, Said Alam was granted leave but on 01.02.2017 he was not on leave as his leave would have to commence from 02.02.2017, so, the day on which he was on duty, then the certificate issued at serial No. 5 of the Award of Com pensation would be of worth perusal wherein at the end, it was provided by the respondents that Said Amin died/ killed/ martyred/ permanently disabled/ injured serious or minor (as the case may be) 'while on bona fide government duty' shall be read in juxtaposition with the definition of Shaheed at 2
(h) of Rule 2014, the last words are "while on bona fide government duty" . Thus, we are of the opinion that deceased falls within the definition of shaheed as provided in Rules and admitted by the respondent in the "certificate".
9. Accordingly , the award of compensation was made clear by Rule No. 3 of Rules, 2016 ibid, which read as:- "Award of compensation.-(1) If a member of the Federally regulated LEAs is shaheed, permanently disabled, injured with serious injury or minor injury , as the case may be, while on bonafide Government duty, an award under these rules may be granted to him or his family , as the case may be.
(2) If a member of the Federally regula ted LEAs dies while in service, other than specified in Sub-rule (1), an award under these rules may be granted to him."
Which shall be followed by mode of payment as provided in Rule No. 7 of the Rules and then the amount of Award shall be made under Rule 8, which reads as:- "Amount of award. The amount of award payable shall be as mentioned in the Schedule."
10. The case law as relied upon by the respondents would not be applicable to the case in hand as in the said case the death occurred on 08.02.2010 when the deceased was on three months furlough from 1 1.06.2010.
11. For the reasons stated above, this petition is admitted and allowed and the respondents are directed to award the compensation as that of 'shaheed' to the petitioner in accordance with schedule of Payment of Compensation Rules, 2014. No order as to costs.