| Case ID |
09a0be53-ad30-4d3a-b607-0d0820050bd9 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 5122 of 2017 |
| Decision Date |
Feb 06, 2020 |
| Hearing Date |
Feb 06, 2020 |
| Decision |
The court ruled in favor of the petitioner, stating that the petitioner was entitled to the benefits of the Shuhada Package because the deceased employee, Said Amin, was on bona fide duty at the time of his murder, despite being on leave. The court emphasized that the definition of 'Shaheed' under the Payment of Compensation Rules, 2014, should include those who are killed while performing their official duties. The respondents were directed to award compensation to the petitioner in accordance with the applicable rules. |
| Summary |
In a significant ruling by the Peshawar High Court, the court addressed the case of MST. NUSRATA, who sought the Shuhada Package for her deceased husband, Said Amin, a sepoy in the Frontier Constabulary. The court examined various legal principles, including the Civil Servants Leave Rules, 1986, and the Shuhada Package No. F1 (OSR-II) 4-199 / 2011. The case revolved around the circumstances of Said Amin's death, who was murdered on the same day he was granted leave. The court found that since he was on official duty at the time of his death, he qualified as a 'Shaheed' under the relevant compensation rules. This decision reinforces the importance of recognizing the sacrifices made by civil servants in the line of duty. It clarifies the interpretation of leave commencement and affirms the rights of the families of those who lose their lives while serving the nation. This case highlights the need for timely compensation and support for the families of martyred personnel. The ruling is expected to have a lasting impact on similar cases in the future. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
JAN KHATTAK,
MUHAMMAD NAEEM ANWAR
|
| Lawyers |
Farhad Ullah Afridi,
Farman Ullah Khattak
|
| Petitioners |
MST. NUSRATA
|
| Respondents |
GOVERNMENT OF PAKISTAN THROUGH SECRETARY DEFENCE, ISLAMABAD AND 8 OTHERS
|
| Citations |
2020 SLD 2341,
2020 PLC 1046
|
| Other Citations |
W.P. No. 4108-P / 2018 titled Mst. Naheeda v. Commandant, Frontier Constabulary, Peshawar, and others, dated 24.01.2018
|
| Laws Involved |
Civil Servants Leave Rules, 1986,
Shuhada Package No. F1 (OSR-II) 4-199 / 2011
|
| Sections |
Rule 27
|