Mst. Alam Shada Vs Govt of KPK through Chief Secretary Peshawar etc

Judgment Sheet

IN THE ESHAWAR III COURT.

P"PSHA}II.AR,

WDICAL DEPARTMENT"

JUDGMENTT

Writ Petition No"3906-P/2023 Date of hearing 18.03.2024. Mst. AIam Shada Versus Government of KPK through Chief Secretary, Peshawar etc.

Fetitioner (s) by: l4/s Muhammad flyas Orakzai & Jawad Ali Advocates.

Respondent(s) by: Mr. Muhamrnad Riaz Khan Paindakhel AAG,

*rr**

WIOAR AIIMAD. J. Thro ugh instant petition under Article 199 of Constitution of Islamic Republic of Pakistan 1973, petitioner has prayed for following relief;

o'thal on acceptonee of this petition, tkis trtron'ble Court may graciously be to;- i. Direct the respondents to grant the Shahada Package to the legal heirs of the Shaheed as per notffication dsted 16.8"2415.

ii. Direct the respondents to issue payment of full pay and allowances till the age af r etir ement/s up er a nn a atio n and ofter retirement, grant pension and pensionary benetits to the legal heirs af Shakeed Mwjeeb ur Rekman

according to notification dated|6.03.2015.

iil Direct the respondents to issue/ allow education packagd scholarship, medical facilities, accommodation and employment to the legal heirs of Shaheed as per noliftcation dated 16.03.2015.

iv. Cost of the petition throughout.

v. Any other remedy which deems tit by this trIonorable Court may also be granted in favoar of petitioner,'

2.As per contents of instant petition, husband of petitioner was serving as Theology Teacher in Education Department, District North Waziristan. On 17.10.2020, he was killed by unknown bike riding militants at land Said Abad Charkhel District North Waziristan. ln this respect FIR No.82 dated 17.10.202A, was registered under Section 302 PPC at Police Station Meeran Shah, District NWTD. Petitioner being widow of deceased employee approached the respondents for grant of benefit of Shuhada package available to legal heirs of police officers and civil servants provided vide notification No.FD(SOSR-II)4-199/2013 dated 16"03.2015 but her request was not considered tYP No.J9'06-Fn02J

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by respondents till date. Aggrieved from same, petitioner has filed instant writ petition.

3.Respondents submitted their parawise comments, denying stance of petitioner and raising various legal and factual objections

4.Arguments heard and available record perused.

5 Perusal of record reveals that husband of petitioner was serving as Theology Teacher

(TT)in Directorate of Elernentary & Secondary Education, Khyber Pakhtunkhwa and was posted at Government Primary School Usman Kot, Tehsil Datta Khel Tribal District North Waziristan, where he was killed by unknown assailants riding a motorbike. In respect of his murder FIR No.82 was also registered in Polioe Station Meeran Shah, North Waziristan Tribal District under Section 302 PPC. When his legal heirs claimed benefit of Shuhada package available to legal heirs of Police officials and civil servants, provided vide notification No.FD(SOSR-II)4-199/2013 dated 16.03.2A$, silne was not considered by respondents on the WP No-39|M-P2OX

ground that Section 7 ATA has not been inserted in the FIR and therefore death had not been associated with terrorist activities. Insertion of Section 7 ATA was the job of Folice Officer, registering FIR or the Investigating Officer or prosecutor lateron but it is important to be noted that North Waziristan was a newly merged district In Khyber Pakhtunkhwa where police officials have also been recently given the task.

Police officers/officials performing duty at Meeran Shah would also be not trained enough to choose appropriate section of law and same would also be the case of Investigation Officer etc. The fact rernained that neither in the FIR nor in whole proceedings of the case, any person has been charged. Case has been filed untraced as the assailants could not be discovered. There is nothing on record that husband of petitioner was having any enmity with any person. In the turbulent area of North Waziristan every government servant particularly the law enforcing agencies as well as those people who have been giving modern education to students IYP No.39oGP/2023

are declared targets of terrorist organizations.

All the material present before deparhnental authority was leading to one conclusion that deceased had been killed by unknown terrorists because he was a school teacher in which school, modem education was being delivered to students and same fact was also not digestible for the terrorists in the area. It is also common knowledge that most of schools of the tribal area have been blown up and destroyed by the terrorists over the years. In such circumstances, inesistible conclusion was that husband of petitioner had been killed by terrorist organization through their unknown assailants.

Leamed AAG appearing on behalf of the state was heard at length but he failed to point out any other motive existing on the part of assailants for killing husband of petitioner. In such circumstances, legal heirs of husband of petitioner were entitled to grant of Shuhada package provided vide above notification where it is also mentioned that if the death takes place due to acts of terrorism then the legal heirs of

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civil servants would be entitled to grant of Shuhada package whether or not the official was on duty or otherwise.

6 In light of what has been discussed above, this Court is convinced that petitioner has got a case and writ petition is accordingly allowed. Petitioner and other legal heirs of deceased shall be entitled to grant of Shuhada package in same terms and condition, which has been provided in respective packages prevalent at the time of death of husband of petitioner. Same benefit shall accordingly be extended to petitioner and other legal heirs according to law.

JADGE

J DGE

Dwe ofhearlng & announcement of Jwlgmefi ... .,.........,........, 18.03.2024. Date of preparulion antl signing ofi udgmen,........... 2 5.03.2024 DE) UN'bk M.. t*da /dtd.l AC, Nr ttd4 thl /th.e.t ''et

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