Law: Punjab Services and General Administration Department (S&GAD) Allotment Policy (as amended on 19.01.2009)

Section: Clause.15

Punjab Services and General Administration Department (S&GAD) Allotment Policy (as amended on 19.01.2009)--- ----Cl. 15---Government housing to public employees---Vested right---Scope---Vested right/Maturity of waiting period for government housing, could not be washed away by making amendment in housing allotment policy---Provincial Government impugned order of Single Judge of High Court in Constitutional petition where it was held that the respondent employee had a vested right for allotment of a house under Punjab Services and General Administration Department (S&GAD) Allotment Policy as amended on 19.01.2009, and that the said Allotment Policy would apply prospectively and not retrospectively---Validity---Said policy would have a prospective effect as the "maturity of turn" accrued under the policy before said amendment, would carry forward and not be washed away by the amendment---Time spent waiting under the allotment policy could not be vitiated simply because of an amendment, as doing so would prejudice rights of employees whose turns had matured under the Allotment Policy after waiting a number of years --- Intra-court appeal was dismissed, in circumstances. Agha Nadeem v. Additional Secretary Welfare and 3 others 2014 PLC (C.S.) 268 distinguished. Chief Secretary Punjab, Lahore and others v. Mr. Fazal Karim I.C.A. No.592/2011 ref. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK, J.--- Through this ICA, the Appellants that is the Government of Punjab has impugned judgment dated 10.10.2011 passed by the learned Single Judge in W.P. No.5259/2011. 2. The relevant facts of the case are that the Respondent who is a member of the Establishment of the Lahore High Court, Lahore applied for the allotment of official residence in the year 2001 while he was serving as Assistant Registrar BS-17. At that time when he applied he was at Serial No.743 of the waiting list in 3-4 rooms category. Over a passage of eight years, the Respondent reached Serial No.396 in the year 2008. On 14.1.2008 the post of Assistant Registrar was up graded to BS-18. Consequently the Respondent was entitled to 'C' category residence under the Allotment Policy of S&GAD, 1997…

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