Law:

Section:

Punjab Services and General Administration Department (S&GAD) (Allotment Policy), 1997----Rr. 33(g) & 15---Law Reforms Ordinance (XII of 1972), S.3---Civil service---Intra-court appeal---Government accommodation---Right to retain accommodation after transfer of allottee---Scope---Appellant impugned order of Single Judge whereby his constitutional petition seeking direction that he be allowed to retain official accommodation for a period of five years after his transfer to the Federal Government, was dismissed---Contention of the appellant was that as per the Allotment policy, a vested right had been created in his favour which could not be taken away by a subsequent amendment to said policy which reduced entitlement to retain accommodation after transfer from five years to two years---Validity---Allotment Policy provided that an officer of the rank of the appellant was entitled to retain official accommodation for a period of five years or till the provision of accommodation at his new place of posting, whichever was earlier---Meaning to be attributed to the phrase "whichever is earlier" was that an officer upon being transferred could retain a designated house for up to five years provided he applied for residential accommodation at his new place of posting---Contention of the appellant that on account of R.33(g) of the Punjab Services and General Administration Department (S&GAD) (Allotment Policy), 1997; the appellant could retain official accommodation for up to five years and only then apply for residential accommodation from Federal Government, could not be agreed with---Allotment was an entitlement while in service and not a vested right of the appellant---Rule 15 of the said Allotment Policy provided that government servant had no vested right or claim to the allotment of a government owned residential accommodation---Upon posting to the Federal Government, appellant lost the right to retain official accommodation owned by the Provincial Government---No illegality therefore existed in the findings of the Single Judge---Intra-court appeal was dismissed, in circumstances. Senior Member BOR and others v. Sardar Bakhsh Bhutta and another 2012…

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