| Citation(s) |
|---|
| 2017 SLG 727 2017 SLD 727 2017 PLC 560 |
Peshawar High Court
Writ Petition No. 2414-P of 2013, decision & hearing dated: 07-04-2015.
WAQAR AHMAD SETH, JUSTICE, IRSHAD QAISER, JUSTICE
Petitioner(s) by: Jamil Khan
Respondent(s) by: Tariq Yousafzai and Rab Nawaz Khan, A.A.G.
Writ Petition No. 2414-P of 2013, decision & hearing dated: 07-04-2015.
WAQAR AHMAD SETH, JUSTICE, IRSHAD QAISER, JUSTICE
Petitioner(s) by: Jamil Khan
Respondent(s) by: Tariq Yousafzai and Rab Nawaz Khan, A.A.G.
WAQAR AHMAD SETH, JUSTICE IRSHAD QAISER, JUSTICE SHAKEEL AHMAD
VS
ADMINISTRATION DEPARTMENT THROUGH SECRETARY AND 3 OTHERS
Law:
Section:
Civil service--- ----Allotment of residential accommodation---Petitioner had asked for issuance of an appropriate writ directing the respondent to hand over vacant possession of the house allotted to him---Contention of respondent was that her daughter was entitled to the accommodation in question after his retirement---Validity---Rules for allotment of residential accommodation were beneficial and remedial in nature which could not be equated with the law of inheritance---When daughter of respondent was married she was then dependent of her husband and not of her father irrespective of the fact whether she was residing with her father or not---Respondent had retired from service and grace period of three months had also expired---Petitioner being new allottee was entitled for possession of the house already allotted to him---Respondent was directed by High Court to vacate the house already allotted to the petitioner and handover the same to him in accordance with Residential Accommodation Policy and Rules formulated therefor irrespective of any stay order granted by any court of law---Constitutional petition was accepted, in circumstances. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, J.--- Petitioner through the instant writ petition has asked for issuance of an appropriate writ directing the respondents to hand over vacant possession of the quarter already allotted to him. 2. The respondents attended the Court and submitted that notice has been issued to Mr. Razaq Ahmad Javed, respondent, to vacate Government accommodation after the expiry of grace period. However, they stated that daughter of respondent No.4 filed a civil suit in the Court of the learned Civil Judge, Peshawar and got a stay order over there, who is not party to the proceedings. 3. Arguments heard and record perused. 4. Learned counsel for respondent No.4 stated at the bar and has also contended in his para-wise comments that the daughter of respondent No.4, namely Mst. Nazish Javid is entitled to the accommodation in question after the retirement of her father under the amendments made in the Residential Accommodation (Procedure for Allotment) Rules, 1980, vide notification dated 22nd…
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