Law:

Section:

(a) Accommodation Allocation Rules, 2002-------R. 29-A---Constitution of Pakistan, Art.199---Constitutional petition---Allotment of government accommodation to petitioner---Retention of said accommodation by civil servant after retirement---Civil servant, who was occupying said accommodation, after her retirement, was given a grace period of six months to retain such accommodation; she had been allowed the retention of said accommodation for a further period of six months---Under Rule 29-A of the Accommodation Allocation Rules, 2002, government employee could retain accommodation for a grace period of six months after retirement---Government could extend the retention once only for six months after expiry of grace period---Civil servant in the present case, was allowed the retention of accommodation for one year after expiry of grace period of six months, without cogent reasons---Government could relax the Rules for allotment of accommodation to eligible employees in public interest for deserving and hardship cases only and the reasons were to be recorded in that respect---In the present case, there was no mention about the eligibility to retain the accommodation after grace period of six months---Competent authorities were under obligation to maintain the spirit of law, while exercising the discretion so that people could not lose confidence in the system---Petitioner, as lawful allottee of the accommodation in question, was entitled to get the possession thereof. Mahmood Ali Qureshi v. Government of Punjab and others reported in 1997 PLC (C.S.) 52 ref. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Exercise of discretionary powers by authorities---Scope---Authorities could not be blessed with whimsical and arbitrary exercise of discretion, because if such discretion was exercised, common people would be at the cruel mercy of the authorities; and there would be a general unrest and chaos in the society---Discretionary powers could be exercised by competent authority, but with due care and within the four corners of the relevant rules and laws---In no case fundamental rights could be violated on the basis of discretionary…

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