Case Details

Citation(s)
2013 SLG 1807 2013 SLD 1807 2013 PLC 306
Lahore High Court
Writ Petitions Nos.1703 and 20124 of 2012, decision dated: 13-08-2012
NASIR SAEED SHEIKH, J

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Agha NADEEM

VS

ADDITIONAL SECRETARY WELFARE, GOVERNMENT OF THE PUNJAB, SERVICES AND GENERAL ADMINISTRATION DEPARTMENT, LAHORE and 2 others

Law:

Section:

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Official residence at Lahore owned by Provincial Government and allotted to petitioner while serving with Provincial Government---Allotment of such residence to respondent after transfer of services of petitioner to Federal Government and his posting at Islamabad---Demand of vacant possession of such residence from petitioner after change in tenure of its retention from five years to two years by Provincial Government---Validity---Services of petitioner were being utilized by Federal Government at Islamabad, but he had not applied for getting residence there---Provincial Government was competent to formulate its policy in order to accommodate its officials in its official residences---Such policy of Provincial Government was not required to be notified in official gazette---Constitutional petition would not be competent to challenge such policy of Provincial Government applicable to all its officials---Petitioner had no vested right or locus standi to retain such residence owned by his ex-employer (i.e. Provincial Government) after his posting at Islamabad with Federal Government---Petitioner had no absolute right to retain such residence after expiry of two years grace period allowed by Provincial Government---Petitioner being a senior civil servant was expected to honour such policy and hand over vacant possession of such residence to Estate Officer---High Court dismissed constitutional petition and granted 15 days time to petitioner for vacation of such residence, and in case of his failure to do so, authority would be at liberty to adopt all lawful means to implement its impugned order. Senior Member BOR and others v. Sardar Bakhsh Bhutta and another 2012 SCMR 864; Government of the Punjab Food Department through Secretary Food and another v. Messrs United Sugar Mills Ltd. and another 2008 SCMR 1148; Imtiaz Ahmed and others v. Punjab Public Service Commission through Secretary, Lahore and others PLD 2006 SC 472; Mrs. Naseem Khan v. Province of Punjab through Chief Secretary and 3 others PLD 1992 Lah. 359; Syed Ali Azhar Naqvi v. The Government of Pakistan through Secretary,…
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