| Citation(s) |
|---|
| 2013 SLG 1789 2013 SLD 1789 2013 PLC 266 |
Sindh High Court
Constitutional Petition No.D-293 of 2012, decision dated: 12-04-2012
FAISAL ARAB AND NADEEM AKHTAR, JJ
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Constitutional Petition No.D-293 of 2012, decision dated: 12-04-2012
FAISAL ARAB AND NADEEM AKHTAR, JJ
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ABDUL MAJID YOUSAFANI
VS
FEDERATION OF PAKISTAN through Secretary Revenue Division/Ex-Officio Chairman and 4 others
Law:
Section:
Accommodation Allocation Rules, 2002--- ----Rr. 6, 7(4) & 10---Constitution of Pakistan, Art.199---Constitutional petition---Allocation of accommodation---Grievance of petitioner was that official accommodation was allocated to respondents who applied subsequent to him---Validity---Petitioner had prior right of allotment as his application was prior to that of respondents on waiting list---Petitioner had first right to choose from the class of accommodation to which he was entitled---Refusal of petitioner to accept accommodation that was meant for Grade 20-21 officers was justified for the reason that such class of accommodation was not meant for Grade-19 officers---Rejecting of accommodation meant for Grade 20-21 officer was not in violation of principles laid down in Rule 10 of Accommodation Allocation Rules, 2002, as refusal was not of a class of accommodation to which petitioner was entitled to---Allotments made in favour of respondents were of the same date on which allotment was made in favour of petitioner---First right to get an allotment of Grade-19 accommodation was of petitioner---One of the respondents was given vacant accommodation meant for Grade-19 officers and still there was an accommodation available for Grade-19 officer---High Court directed authorities to allot vacant accommodation in favour of petitioner after cancelling the same made in favour of one of the respondents earlier---Petition was allowed accordingly. ORDER The petitioner and respondents Nos.4 and 5 are Additional Collectors in Customs Department in pay scale 19 and are posted in Karachi. All of them applied for government accommodation. The petitioner applied on 5-10-2011, whereas respondents Nos.4 and 5 applied on 25-11-2011 and 14-12-2011 respectively. On the list of the applicants seeking allotment of government accommodation undisputedly the application of the petitioner was prior in time. The petitioner was allotted accommodation of Grade 20-21 in Gulshan-e-lqbal, whereas the respondents were allotted accommodation meant for grade-19. The petitioner is aggrieved by the allotments of the accommodations made in favour of respondents Nos.4 and 5, therefore, he filed theβ¦
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