Law: Constitution of Pakistan, 1973

Section: 199

  Summary The petitioner sought a direction for allotment of a 30×80 sq. yards plot in Sector G-14, Islamabad, claiming discrimination because similarly placed colleagues had received plots. The Court found that the petitioner had in fact been considered under the retired employees' quota, but his case did not mature due to his position in the age-based seniority list. The Court also held that disputes regarding his eligibility as a POF employee involved factual issues that could not be decided in constitutional jurisdiction. Legal Core Points Issue: Whether the petitioner was entitled to allotment of a plot in Sector G-14 and whether he had been unlawfully discriminated against. Held: The petitioner was considered for allotment under the retired employees' quota. His case did not mature because, under the age-wise seniority list, applicants senior to him were allotted plots first. The allegation that his case was never considered was therefore incorrect. The question of whether POF employees were eligible for the housing scheme involved disputed facts that could not be determined in a writ petition under Article 199. Legal Principle: The High Court will not decide disputed questions of fact in constitutional jurisdiction, particularly where factual inquiry is required. Outcome: Writ petition dismissed.         ORDER SHEET                                                    Through instant petition, petitioner seeks direction to the respondents to allot him a plot measuring 30x80 square yards in Sector G-14, Islamabad as allotted to the other similar employees.   Relevant facts are that the petitioner served in Pakistan Ordinance Factory, Wah Cantt for 36 years and two months and retired on 14.12.1995 as store Holder in BPS-17; that in the years, 1988, he applied for allotment of plot in Phase-I categoryIII measuring 35x80 Sq.Ft by depositing Rs. 20,000/- in the NBP, Rawalpindi Cantt…