Law: Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, (II of 2018)

Section: 7

Law: Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2015

Section: R.7

Law: Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980

Section: R.4

Law: Residential

Section: R.11,37

Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act (II of 2018)--- ----S. 7---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018, Rr. 11 & 37---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2015, R. 7 [since repealed]---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980, R. 4 [since repealed]---Allotment of Government accommodation---Right of spouse to retain government accommodation allotted to husband after his retirement---Petitioner, who was employed as a PTC teacher resided with her husband in a government accommodation---Husband was working as an Assistant Director in a Provincial training institute---Upon retirement of husband, a grace period of six months was allowed, where after, the Provincial Government issued a vacation notice to the petitioner and her husband---Petitioner applied for transfer of the accommodation in her name under R. 4 of the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980---Said request was not acceded to---In the meantime, Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, 2018 was promulgated which repealed and substituted the previous Rules---Consequently, the petitioner's application was not accepted which prompted her to approach the High Court in its constitutional jurisdiction---Said constitutional petition was also dismissed---Petitioner contended that under the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980, a vested right had accrued in her favour which could not be taken away through a subsequent change in law/rules---Held, that the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980 ('Rules of 1980') as well as the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2015 ('Rules of 2015') were repealed by the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018 ('Rules of 2018')---Rules of 2018 specifically provided that the Rules of 1980 and 2015 stood repealed except to the extent as were not inconsistent or in conflict with the Khyber Pakhtunkhwa Buildings (Management, Control and…

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