Case Details

Citation(s)
2017 SLG 924 2017 SLD 924 2017 PLJ 118
Islamabad High Court
W.P. No. 2233 of 2016, decided on 28.9.2016. Date ofhearing: 30.6.2016
MIANGUL HASSAN AURANGZEB, JUSTICE
Mr. Babar Sattar, Advocate for Petitioners.Mr. Mansoor Ahmed, Advocate, and Malik Zafar Abbas, Director Law for
Respondents.

EDNAN SYED & othersVSFEDERAL GOVERNMENT EMPLOYEES HOUSING FOUNDATION AND another --RespondentS

Law:

Section:

Constitution of Pakistan, 1973------Art. 199--Federal Government Employees Housing Foundation (FGEs)--Launch of membership drive scheme--Former employees of autonomous/semi autonomous public sector organization registration of membership--Seniority of registered members was based on date of registration first come-first served basis--Reversion of criteria--Reversion could destroy vested rights--Doctrine of promissory estoppels--It is well settled that where government functionaries make promises/representations to any one who believes them and acts under them, then those functionaries are precluded from acting to detriment of such persons/citizens--Doctrine of promissory estoppel would be applicable--Doctrine of promissory estoppel would not have applied had petitioners and/or members registered under membership drive-I not taken a step as a consequence of representation or inducement by paying a registration fee and finding their place in queue/seniority list for allotment of a plot in any housing scheme of foundation--Principle of promissory estoppel is applicable against Government, but in case there is a supervening public equity, Government would be allowed to change its stand; it would then be able to withdraw from representation made by it which induced persons to take certain steps which may have gone adverse to interest of such persons on account of such withdrawal--Launch of membership by foundation and reversion to ageWise seniority as a criteria for allotment of a plot, not unlawful so long as it is given prospective effect and does not operate to detriment of members registered under membership--Registered members have a first and superior right to be accommodated in housing foundation housing schemes--Now if a registered member is given an offer of an allotment in housing scheme, and he refuses that offer forfeits his right to be offered a plot--Petition was allowed.THIS JUDGMENT DELIVERED BY: MIANGUL HASSAN AURANGZEB, JUSTICE:---.--- All eleven petitioners in this writ petition are employees/former employees of autonomous/semi-autonomous public sector organizations. The prayers sought by the petitioners are as follows:-- "In the light…
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