Law:

Section:

(a) Allotment-- ---.--- -Employee of Directorate of Education, Garrison ---.--- Entitlement to plot in Defence Housing Authority ("DHA") ---.--- Natural justice, principles of ---.--- Scope ---.--- [Per Dost Muhammad Khan, J; Majority view] Directorate of Education, Garrison was under the administrative control and management of the Ministry of Defence/Defence Directorate ---.--- Employee of Directorate of Education, Garrison for all intents and purposes, belonged to Education Corp of the Garrison and was under the effective administrative control and management thereof ---.--- Employee was competent to be a member of the Defence Housing Authority ("DHA") and hence entitled to allotment of plot therein ---.--- Unilateral cancellation of plot in employee's name without any show cause notice, amounted to condemning him unheard against the principles of natural justice ---.--- Impugned order cancelling allotment of plot to employee was set aside ---.--- [Per Umar Ata Bandial, J; Minority view] Civilian employee of the Federal Government Educational Institutions (Cantonments/Garrisons) Directorate ("the Directorate") was not paid out of Defence Estimates therefore he did not qualify for eligibility notified by Defence Housing Authority for the allotment of its plots. Per Dost Muhammad Khan, J: Majority view: Wholesome budget was allocated to the Ministry of Defence and was placed at the disposal of Military Accountant General (MAG) for further disbursement on defence expenditures and other emoluments of the Armed Forces of Pakistan and those civilian officials, who were serving in the departments attached to the Defence Services. Employee in question who was serving in Directorate of Education, Garrison, was paid from the Defence Estimates through internal arrangements of the Defence Services and in such way, he had no nexus or connection with the Ministry of Education. Directorate of Education, Garrison was under the administrative control and management of the Ministry of Defence/Defence Directorate, and not under the control of Education Ministry or Directorate of Education of Federal Government. Employee for all intents and purposes, belonged to Education Corp…