| Case ID |
202e1d21-fda6-4646-9176-e756b03f230f |
| Body |
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| Case Number |
Writ Petition No. 96 of 2012 |
| Decision Date |
Mar 25, 2015 |
| Hearing Date |
Mar 25, 2015 |
| Decision |
The court granted the writ petition, acknowledging the entitlement of the petitioner to the benefits of the Family Package due to the death of her husband, a government employee. However, the court clarified that while the petitioner is eligible for appointment in a government position, she must meet the educational qualifications necessary for the specific post of Lab Assistant. The government was directed to appoint the petitioner against any post for which she is eligible, but the request for a specific appointment as Lab Assistant was denied due to the requirement of special educational standards. The petition was accepted accordingly. |
| Summary |
In the case of Writ Petition No. 96 of 2012, the petitioner, Fazila Shaheen, sought the regularization of her contractual appointment as a permanent employee under the Family Package following the death of her husband, a Lab Assistant, while in service. The court recognized her entitlement to the Family Package benefits and the government's commitment to appoint a family member of deceased government employees on a permanent basis. However, the court ruled that the petitioner could not be appointed as a Lab Assistant without fulfilling specific educational requirements. Thus, the court ordered her appointment to any suitable post she qualifies for, emphasizing the importance of meeting educational standards in public service appointments. This case underscores the complexities surrounding family entitlements in public service and the need for adhering to established qualifications for specific roles. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM,
WAZIR SHAKEEL AHMED
|
| Lawyers |
Khurshid-ul-Hassan for Petitioner,
Assistant Advocate General for Respondents Nos.1 to 4,
Kamal Hussain for Respondents Nos.5 and 6,
Basharat Ali, Legal Advisor for Education Department
|
| Petitioners |
FAZILA SHAHEEN
|
| Respondents |
5 others,
PROVINCIAL GOVERNMENT through Chief Secretary
|
| Citations |
2016 SLD 743 = 2016 PLC 524
|
| Other Citations |
Not available
|
| Laws Involved |
Family Package
|
| Sections |
Not available
|