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Asstt Package Court Order
Asstt Package Court Order
Present:
Mr. Justice Muhammad Saleem
Jessar Mr. Justice Adnan Iqbal Chaudhry
ORDER
Adnan Iqbal Chaudhry, J.- The Petitioner prays for writs to declare that he is
eligible for employment in the Pakistan Railways Police under the ‘deceased
quota’, and for a direction to the Superintendent and Inspector General of the
Pakistan Railways Police (Respondents 2 and 3) for appointing him so.
2. The facts, in brief, leading to this petition are that the Petitioner’s father,
Khadim Hussain was serving as a constable in the Pakistan Railways Police
when he passed away on 03.07.1996 by falling from the train while on duty. The
Petitioner claims to be the eldest son of the deceased. These facts are not
disputed by the Respondents.
3. Learned counsel for the Petitioner submitted that at the time the deceased
passed away (in 1996), the Petitioner was minor; that on attaining majority, his
mother made an application to the Superintendent of Police, Pakistan Railways
on 01.09.2015 requesting that her son (the Petitioner) be given employment on
the deceased quota; but that the Respondents avoided to do so; hence the
petition. Learned counsel also disclosed that prior to applying for employment
on the deceased quota, the Petitioner had also appeared in a test held by the NTS
on 20-07-2014 for recruitment to the posts of Constable and Assistant Sub
Inspector in the Pakistan Railways Police where the Petitioner had secured 55
marks, but he was not considered for further process.
4. On the other hand, the learned Assistant Attorney General submitted that
appointments on the deceased quota in the Pakistan Railways are governed
under the ‘Prime Minister’s Assistance Package for Families of Government
Employees who die in Service’ (hereinafter ‘the Assistance Package’), which
instructions were first issued vide Establishment Division’s Office Memorandum
No.7/40/2005-E.2 dated 13-06-2006, and thereafter those have been amended
from time to time. He submitted that vide Office Memorandum No.7/40/2005-
E.2 dated 11-07-2006 issued by the Establishment Division, the Assistance
Package was made applicable only w.e.f. 01-07-2005, and since the father of the
Petitioner had passed away in 1996, much before the applicable date, the
Petitioner’s case did not fall under the Assistance Package, and thus vide letter
dated 22-09-2015, the Respondent No.3 asked the Respondent No.2 to inform the
Petitioner that his application cannot be accepted.
OFFICE MEMORANDUM
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JUDGE