Law: Constitution of Pakistan, 1973

Section: 199

Law: Accommodation Allocation Rules, 2002

Section: 29

Law: Civil Servants Act, 1973

Section: 23B,25(1)

(a) Civil service--- ----Allotment of official accommodation/residence--- Terms and conditions of service---Matter of allotment or cancellation of an official residence is connected with the terms and conditions of the service of the persons in the service of Pakistan, in public service and other officials of the concerned government, autonomous, semi-autonomous bodies, authorities, corporations etc. (b) Constitution of Pakistan--- ----Art. 199--- Allotment of official accommodation/residence, issue of---Constitutional jurisdiction of the High Court---Scope---Any order made or proceedings taken in respect of an official accommodation, pursuant to the applicable rules, regulations, policies, instructions, directions etc., shall not be called in question before any court, except the forums provided therein---However, if such forum is not provided, a High Court may, if it is satisfied, exercise its power, as provided by Article 199 of the Constitution. (c) Accommodation Allocation Rules, 2002--- ----R. 29---Civil Servants Act (LXXI of 1973), Ss. 23B, 25(1)---Allotment of official accommodation/residence---Allotment cancelled by the Estate Officer---Civil suit filed by employee against order of Estate Officer---Maintainability---In the present case, the respondent was an official of the Federal Government, to whom the official accommodation was allotted and was subsequently cancelled through an order made by an officer authorized by the Accommodation Allocation Rules, 2002 (the Rules 2002)---Under Section 23B of the Civil Servants Act, 1973 (Act of 1973), no order made or proceedings taken under the Rules could be called in question in any court and no injunction shall be granted by any court in respect of any decision made, or proceedings taken in pursuance of any power conferred by, or under the rules made thereunder---Since the order of cancellation was made by an authority, exercising power under the Rules, 2002 framed under the Act of 1973, therefore, it could have been called in question in the forum, provided by the Rules, 2002---Respondent, feeling aggrieved from the order of cancellation of allotment of his official accommodation, made by an authorized…

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