| Citation(s) |
|---|
| 2019 SLG 1411 2019 SLD 1411 2019 PLC 594 |
Sindh High Court
Constitutional Petition No. D-2110 of 2009 and 30 othersconnected petitions, decision Dated: 16-07-2018. Dates ofhearing: 2nd, 4th, 9th, 10th, 11th and 12-07-2018
ABDUL RASOOL MEMON, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by:Waqas Ahmad Khan (in C.Ps. Nos. D-5154 of 2015 and for Petitioner No.5 in 4997 of 2016).
Respondent(s) by:Saifullah, Assistant Advocate General and Ms. Nasreen Sahito, State Counsel for the Province of Sindh.
Constitutional Petition No. D-2110 of 2009 and 30 othersconnected petitions, decision Dated: 16-07-2018. Dates ofhearing: 2nd, 4th, 9th, 10th, 11th and 12-07-2018
ABDUL RASOOL MEMON, JUSTICE AGHA FAISAL, JUSTICE
Petitioner(s) by:Waqas Ahmad Khan (in C.Ps. Nos. D-5154 of 2015 and for Petitioner No.5 in 4997 of 2016).
Respondent(s) by:Saifullah, Assistant Advocate General and Ms. Nasreen Sahito, State Counsel for the Province of Sindh.
MUHAMMAD TARIQ QASMI AND OTHERSVSFEDERATION OF PAKISTAN THROUGH SECRETARY AND 2 OTHERS
Law: Accommodation Allocation Rules, 2002
Section: R.15
Law: Constitution of Pakistan, 1973
Section: 10A,199
Law: Civil Servants Act, 1973
Section: 25(1)
Law: General Clauses Act, 1897
Section: 24A
(a) Accommodation Allocation Rules, 2002--- ----R.15---Civil service---Retention of accommodation by civil servant---Vested right---Continuation of occupation of government accommodation---Petitioners were civil servants residing in government accommodation allocated to them---Accommodations were being retained by either petitioners after their retirement or by legal heirs of deceased civil servants---Validity---Allotment orders permitted accommodation of respective properties while occupants were in service and upon terms and conditions therein contained---Petitioners were either retired from service or legal heirs of deceased persons retired from service---Petitioners were unable to substantiate any right by virtue whereof they could remain in occupation of government accommodation---Allotment orders and ancillary documentation referred by petitioners did not confer any rights upon petitioners save for those which were expressly stated therein and even those rights were no longer subsisting---Petitioners failed to place on record to demonstrate that rights allotted stood novated in any other form by any subsequent law or action---Constitutional petition was dismissed accordingly. C.P. No. D-3433 of 2016 fol. (b) Accommodation Allocation Rules, 2002--- ----R. 15---Policy Governing Allotment of Residential Accommodation (Meant for Secretariat Employees) at Karachi by Estate Office, SGA&CD dated 22-05-1999, Paras. 7, 13, 24 & 26---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Art. 10-A---Government residence---Unlawful occupation---Ejectment---Petitioners were residents of government residential properties and were aggrieved of ejectment by Provincial Government---Petitioners contended that their status as residents was disputed and Provincial Government ejected them without determining their status as unauthorized occupants---Validity---No determination had ever taken place even in manner considered applicable to declare occupation of petitioners of respective properties as unlawful---Any notice served to petitioners in manner delineated for ejectment was premature---Competent authority ought to have initiated and concluded proceedings in…
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