Law:

Section:

Accommodation Allocation Rules, 2002--- ----Rr. 15(2), 15(4) & 17---Constitution of Pakistan, Art.199---Constitutional petition---Civil Service---Retention of official accommodation by civil servant after retirement or transfer---Scope---Petitioner sought a direction to the Estate Officer for the vacation of accommodation allotted to him, but occupied by the previous allottee, who had been transferred to an overseas embassy---Validity---Transfer of previous allottee had not been denied and he had also been provided an accommodation by the overseas embassy---Previous allottee had violated provisions of Rr.15 and 17 of the Accommodation Allocation Rules, 2002 by retaining the possession of the accommodation in Pakistan and also occupying the one provided to him overseas---Possession of two houses at the same time made the previous allottee liable for disciplinary action under R.17 of the Accommodation Allocation Rules, 2002---High Court directed the Estate Officer to immediately have the house vacated and to deliver the possession of the same to the petitioner---Constitutional petition was allowed, in circumstances. Manzoor Ahmad v. Province of Punjab 1998 PLC (C.S.) 4 and Fazal Abbas v. F.O.P. Writ Petition No.3227 of 2010 rel. JUDGMENT MUHAMMAD ANWAR KHAN KASI, J.--- Brief facts for the disposal of this petition are that the petitioner, being an employee of Federal Government in BPS-12 was allotted House No.3/4-D Street No.15, Sector G-7/2, Islamabad vide letter dated 21-7-2010 which had previously been allotted to Mr. Abdul Jalil respondent No.3 after transfer from Pakistan as Third Secretary (BPS-17) in the Embassy of Pakistan Algiers on 4-8-2009. 2. It is the case of the petitioner that the respondent No.3 even after transfer, did not vacate the house and the respondent No.2 vide letter dated 21-9-2010 allowed him to retain the possession of said quarter for a period of three years which is in violation of Accommodation Allocation Rules, 2002, especially when the respondent No.3 has been provided free accommodation at his place of posting i.e. Algiers. 3. It is further submitted that the respondent No.1 had issued a notice dated 26-8-2010 to respondent…

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