Law:

Section:

(a) Accommodation Allocation Rules, 2002--- ----Rr. 15 (1) (2), 28, 4(1), 6 & 25---Civil Servants Act (LXXI of 1973), S.25---Federal Government Land and Buildings (Recovery of Possession) Ordinance (LVI of 1965), Preamble---Civil Procedure Code (V of 1908), O.VII, R. 11---Suit for declaration---Employee of Capital Development Authority---Allotment of official accommodation from the pool of Estate Office---Procedure---Official accommodation was allotted to the mother of plaintiff-employee who retired from Islamabad Capital Territory Police---Plaintiff-employee applied for allotment of said accommodation to the Estate Office on family transfer basis---Plaintiff-employee filed suit for declaration but plaint was rejected on the ground that he was not entitled for allotment of suit accommodation which was in the pool of Estate Office---Validity---Suit accommodation was not in the pool of Capital Development Authority but in the pool of Estate Office---Estate Office had not exchanged suit accommodation with any accommodation provided by the Capital Development Authority---Serving spouse or children living with a federal government servant/allottee might be allotted the same accommodation if he was eligible and otherwise entitled for accommodation within six months of the retirement of allottee---Amendment in Accommodation Allocation Rules, 2002 could be brought about by the President by exercising powers conferred under S.25 of Civil Servants Act, 1973---Time period fixed in R.15 of Accommodation Allocation Rules, 2002 without such amendment could not be condoned by the competent authority---Federal Government could not issue direction which had the effect of amending, varying, undoing, relaxing, altering, modifying or changing the substantive provisions of Accommodation Allocation Rules, 2002---Estate Office could not place its accommodation at the pool of any other department except Ministry of Foreign Affairs and Inter Services Intelligence---Plaintiff-employee could not be extended the benefits of R.15(2) of Accommodation Allocation Rules, 2002 as suit accommodation had not been placed in the poll of Capital Development Authority---Plaintiff being employee…

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