Case Details

Citation(s)
2018 SLG 2255 2018 SLD 2255 2018 PLJ 262
Islamabad High Court
C.R. No. 138 of 2017, decision Dated: 16.01.2018. Hearing Date : 16.10.2017.
ATHAR MINALLAH, JUSTICE
Mr. Khurram Mahmood Qureshi, Advocate for Petitioner. Mr. Israr Ul Haq, Assistant Attorney General and Mr. Mumtaz Khan, Joint Estate Officer for
Respondents.

NAVEEDA JABEEN

VS

GOVERNMENT OF PAKISTAN THROUGH MINISTRY OF HOUSING AND WORKS ISLAMABAD THROUGH SECRETARY & 3 OTHERS

Law:

Section:

Accommodation Allocation Rules, 2002-- ----R. 15(2), Allotment of accommodation--Married--Not dependent of her retired servant--Question of--Whether or not petitioner had been living with retired allottee--Challenge to--Petitioner has independently applied for allotment of an official accommodation under Rules of 2002 and her name is included in General Waiting List maintained by respondents under Rules of 2002--As per General Waiting List, petitioner is not yet entitled to allotment of official accommodation--Petitioner had not been living with her mother who was allottee of Accommodation--Person claiming a right under proviso to Rule 15(2) has to show that all conditions have been fulfilled, inter alia, having become entitled on basis of General Waiting List--In instant case neither petitioner was wholly dependent on allottee i.e. her mother nor had became entitled for allotment on basis of General Waiting List--No legal infirmity has been pointed out so as to warrant interference with concurrent findings--Petition was dismissed. Accommodation Allocation Rules, 2002-- ----Rr. 2(2), 5, 8 & 9--Allotment of official accommodation--Entitlement--Scope and purpose--An allottee upon his or her retirement or expiry of contract period shall be entitled to retain accommodation under his or her occupation for a period not exceeding six months and that such facility will be available to a Federal Government Servant once only--Proviso to sub-rule (2) of Rule 15 is an exception and provides that a serving spouse or children living with Federal Government Servant may be allotted same accommodation, if he or she is eligible and otherwise entitled for accommodation within six months of retirement of Federal Government servant. Accommodation Allocation Rules, 2002-- ----Rr. 13, 14, 15(1)(b) and 15(2)--Relationship--Dependent upon allottee--Officially accommodation--Any relative who does not fall within ambit of definition 'family' is not allowed to share allotted accommodation for more than one month--A relative, including a son or daughter, who does not fall within definition of 'family' will be excluded from being allotted accommodation under proviso to Rule 15(2).…
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