Law: Accommodation Allocation Rules, 2002

Section: 6,15(2)

Law: Civil Servants Act, 1973

Section: 25

Law: Constitution of Pakistan, 1973

Section: 4,185(3)

Accommodation Allocation Rules, 2002---   ----Rr. 6 15(2)---Civil Servants Act (LXXI of 1973), S.25---Fundamental Rules, 45 45-A---Constitution of Pakistan (1973), Arts.4 185(3)---General Clauses Act (I of 1897), S.24-A---Constitutional petition---Cases of allotment of government accommodations to serving children or spouses of deceased or retired government servants---Letter dated 5-6-2008 issued by Ministry of Housing Works directing Estate Officer to hold such cases in abeyance till further order---Validity---Authority had not given any reason for holding in abeyance R.15(2) of Accommodation Allocation Rules, 2002---Authority was bound to substantiate its direction reasonably, . fairly and justly for advancement , of purposes of enactment---Serving widow or children, if eligible or otherwise become eligible within a period of one year, would be entitled to allotment of same accommodation, if they were entitled for same class and in case accommodation was of a category higher than their entitlement, they would be entitled to get allotment of first available accommodation of their class or category, but they would not be entitled to retain accommodation for more than one in any case according to proviso in R.15(2) of Accommodation Allocation Rules, 2002---In case serving spouse or children of retired servant, if eligible and otherwise become entitled for accommodation within a period of six months, could retain same accommodation and in case accommodation was higher their entitlement, they might apply in writing for allotment in accordance with their eligibility in lieu of occupied accommodation, but would not be entitled to retain accommodation of higher category than their entitlement after six months of retirement of their predecessor---High Court rightly declared impugned order to be without lawful authority and against guarantees envisaged in Art. .4 of the Constitution and S.24-A of General Clauses Act, 1897 while- directing authority to maintain general waiting list in accordance with R. 6 of Rules, 2002 and dispose of cases of petitioners in light of R. 15 thereof within specified time.  JUDGMENT GHULAM RABBANI, J.--- Through this petition,…

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