Law: ABAD Houses Allotment Policy, 2013

Section: 14(d)(iii),14(f)

Law: Constitution of Pakistan, 1973

Section: 4,25

Civil service-------Allotment of accommodation---ABAD Houses Allotment Policy, 2013--Official accommodation---Period of retention---Determination---Specific provision on a subject to prevail over general provision---Petitioner claimed retention of official accommodation for three years on the basis of her appointment/posting falling within the meaning of deputationist abroad---Validity---Clause 14(d)(iii) of the ABAD Houses Allotment Policy, 2013 ('Policy') clearly deals with a situation when a person is posted out of Punjab, and not otherwise, whereas Cls. 14(f) of the Policy deals with a situation when an employee is on deputation abroad, he is entitled to retain official residence for a maximum period of three years---When a specific provision is enacted to address a particular situation, it supersedes general provisions to the same effect, therefore, in such circumstances, resort has to be made to that specific provision and not general provision---Allotment of residence cannot be claimed as a matter of right by a government servant, yet he/she is entitled to be dealt with in a fair, reasonable and unbiased manner---Constitution petition was allowed, in circumstances.Muhammad Ashraf v. Board of Revenue, West Pakistan and another PLD 1968 Lah. 1155; Mian Fazal Din v. Lahore Improvement Trust, Lahore and another PLD 1969 SC 223; Government of Pakistan Ministry of Housing and Works through Joint Estate Officer, Federal Government Colony Hassan Ghari, Peshawar v. Malik Safeer Ahmed 2022 SCMR 2073 and Ihsan Ullah Bajwa v. The Chairman, City and Regional Planning Department University of Engineering and Technology, Lahore and 5 others 1991 MLD 1688 ref.Muhammad Amin Khan And 4 others v. Muhammad Siddique and another 1984 PCr.LJ 1580; Boolchand v. Qazi Muhammad Bachal 1987 CLC 1109; Darya Khan v. Central Board of Revenue, Islamabad through Chairman and 3 others 1995 MLD 1737 and Dr. Muhammad Latif v. Government of the Punjab through Secretary, Services, General Administration and Information Department and 2 others 1993 CLC 1645 rel.Date of hearing: 3rd September, 2024.JUDGMENTMUHAMMAD SAJID MEHMOOD SETHI, J.----Through instant petition, petitioner has assailed…