Through this writ petition, the petitioner has assailed the order dated 15.9.2020 passed by respondents and claims his reinstatement into service alongwith direction to regularize the service in the light of PM Assistance Package dated 04.12.2015 & 09.9.2016.
2. Brief facts referred in the instant case are that petitioner 's father late Asim Rashid was Senior Broadcasting Engineer in PBC Muzaf farabad, who died during service on 04.11.2017. Resultantly petitioner was appointed under PM. Assistance Package vide order dated 20.12.2017 as Steno Typist PB Scale-04 at PBC, Rawalpindi-II (Muzaf farabad) on contract for period of five years. The petitioner had filed writ petition before this Court against the official respondents who refused to pay the share from petitioner's father pensionary benefits which were paid to the mother of petitioner , the said writ petition was dismissed and he filed ICA whereby respondent department terminated the service of petitioner on 29.05.2019. The petitioner assailed the termination order in writ jurisdiction before this Court which was finally disposed of vide order dated 26.2.2020 with direction to the respondent DG PBC to give proper opportunity of hearing to the petitioner in accordance with law and shall pass speaking order within period of thirty days. However , respondent department finally adjudicated upon the issue vide order dated 15.9.2020 terminating the service in lieu of one-month basic pay . Hence, this writ petition.
3. Learned counsel for the petitioner contends that petitioner has been victimized due to application filed by him against his mother qua the service benefits of his late father; that his mother has initially exercised her option under PM Assistance Package nominating the petitioner for appointment against the post of his father and once option has been exercised the same could not be revoked or again exercised in favour of any other person; that contract appointment of petitioner may also be continued without any objection nor even the same could be terminated unless any misconduct appears on record ; that respondent authority have blatantly violated the fundamental rights of the petitioner without any justified reasons.
4. Conversely , learned counsel for the respondents/PBC contends that petitione r has tortured her mother and threatened to kill her, fraudulently took her signature on nomination papers to get the job in PBC and on the request of real mother of petitioner the then DG PBC under clause 3(i) of the contrac t agreement dated 22.12.2017 terminated the service of the petitioner by giving one month's pay in lieu of notice as per contract agreement vide order dated 29.05.2019; that real mother has submitted the actual details in which earlier job has been secured by the petitioner where-after he has requested that her second son Muhammad Ali may be appointed as Account Assistant under PM Assistance Package.
5. Arguments heard, record perused.
6. Perusal of record reveals that petitioner is mainly aggrieved with his termination order dated 15.9.2020 by the PBC by giving one-month notice as per employment contract given to the petitioner . The background of the case reveals that one Asif Rashid working as Senior Broadcasting Engineer at PBC Rawalpindi-II (Muzaf farabad), died during service on 04.11.2017. After his death, Station Director PBC Muzaf farrabad forwarded the case of Hassan Khan (petitioner) alongwith nomination of Mst. Tayyaba Jabeen, widow of deceased for his appointment under PM Assistance Package for the families of employee who die in service. After due process petitioner was appointed as Stenotypist in PBC Pay Scale-4 on contract for a period of five years on the prescribed terms & conditions. He joined his duty on 22.12.2017 at PBC Muzaffarabad. Thereafter dispute arose between the petitioner and his mother regarding distribution of pensionary benefits of his father and petitioner filed W.P No. 4926/2018 before this Court with the prayer that lump sum pension commutation, benevolent fund and group insurance may be distributed in accordance with law of inheritance, however , his writ petition was dismissed by this Court vide order dated 01.4.2019. The matter was re-agit ated in ICA No. 167/2019, the same was disposed of by this Court vide order dated 22.11.2020. In the meanw hile petitioner's mother approached the DG, PBC in May, 2019 and submitted a complaint against the petitioner who is allegedly torturing his mothe r and threatened to kill her and fraudulently took her signature on nomination papers to get job in PBC against the deceased employee some quota. As a result of said complaint mother was inquired by DG PBC, who exercised his authority in terms of clause-3(i) of contract agreement dated 22.12.2017, terminated the services of the petitioner by giving one month's pay in lieu of notice vide order dated 29.05.2019.
7. After termination petitioner filed Writ Petition No. 2211/2019 before this Court for his reinstatement and regularization of his contractual service. This Court vide order dated 14.06.2019 suspended the operation of termination order dated 29.05.2019 and later on disposed of writ petition vide order dated 26.2.2020 with direction to the DG PBC to give proper opportun ity of hearing to the petitioner in accor dance with law and shall pass speaking order within 30 days. In compliance of Court order petitioner was granted personal hearing by the DG PBC on 03.06.2020 where-after mother of petitioner was also granted personal hearing. As a result of the same DG PBC came to the conclusion that petitioner obtained the consent of real mother by playing fraud. All these aspects demonstrated that the PM Assistance Package provides due protection to the family members of the deceased's employee and even employee son quota has duly been regarded but the employment on such position has to be exercised in the light of 0.M dated 18.01.1996 issued by Cabinet Secretariat Establishment Division Government of Pakistan where it was decided that "the widow of deceased government employee or one of his eligible children should be provided employment in the government at the appropriate level. If the widow or the children of the deceased government employee are unable to take a job, the widow should be authorized to nominate any one person for employment. In case of the widow herself taking up the job, her age limit should be relaxed, if required." This aspect gives first choice to the widow of deceased in all cases and as such the petitioner's mother though not applied for the job at the first instance but her consent was allegedly used in the appointment of present petitioner in line with the 0.M referred above by the petitioner in fraudulent manner .
8. The case of petitioner and contention available on record demonstrate that the entire matter is based upon factual dispute as to whether the consent of mother was achieved through fraudulent manner although D.G. PBC after inquiring the matter on factual side declared that the consent was achieved through fraudulent manner by the petitioner which could not be settled in constitutional jurisdiction. The petitioner has been given due opportunity of hearing by D.G. PBC in compliance of order of this Court and even he has been confronted with all the relevant material, in addition to the same D.G. PBC has also called the petitioner's mothe r but petitioner being real son is unable to settle his misdeeds with his mother/widow of deceased employee. In such situation petitioner is not entitled for any discretionary relief as fraud has been committed by the petitioner himself for securing his job.
9. Keeping in view the above position, instant writ petition is not made out, the same is hereby dismissed.