Case Details

Citation(s)
1962 SLG 455 1962 SLD 455 1962 PLD 75
Supreme Court of Pakistan
Civil Appeal No. 42 of 1961, decided on 29th November 1961.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Tufail Ali A. Rahman Attorney General for Pakistan (A. K. M. Idris Advocate Supreme Court with him) instructed by S. M. Hanif Attorney for Appellant.

ESTATE OFFICER, GOVERNMENT OF PAKISTAN--Appellant

VS

Syed TAHIR HUSSAIN--Respondent

Law:

Section:

(a) Karachi Allocation Rules,-----1953-Not "statutory rules" ­Referable to Fundamental Rule 45-Rule made under a statutory rule not itself such rule -Allocation Rules maybe described as "internal regulations for guidance" of Estate Office-No vested right can arise out of such Rules. Held, that it was difficult to assume that the Karachi Alloca­tion Rules, 1953 (allocation of Government-owned accommoda­tion to public servants) were "statutory Rules". The Rules themselves do not refer to any statute under which they are made. It is possible that these Rules may have been made with reference to Fundamental Rule 45, which is itself a statutory rule, but it does not follow that rules made under a statutory rule are also statutory rules. It is far more reasonable to regard these Rules as having been made for the better direction of the affairs of the Estate Office in Karachi, and to ensure that Government accommodation was distributed equitably and to the best advantage. Upon a general appreciation of the content and purpose of the Karachi Allocation Rules they may best be described as "internal regulations for the guidance" of the Estate Office. They are mere rules of convenience for the better working of the department. No claim of a vested right can arise out of such rules. Corporation of Calcutta v. Province of Bengal L R 71 I A 31 rel. (b) Karachi Allocation Rules, 1953----r. 21-Occupation by Government servant of Government-owned premises allotted to him-Tenancy-at-will-Government has full authority to terminate occupation-Plea that expression "wife" in r. 21 means "non­separated" wife not of consequence where vacation notice has sanction of Government. Occupation by a Government servant of Government ­owned premises allotted to him, i.e., ear-marked for his occupation, can be no more than a tenancy-at-will, which may be terminated by the State at any time without cause shown. Whether the case be one of tenancy-at-will or mere license, there can be no question but that the Government has full authority to terminate the occupation of the premises by means of a peremptory notice. In this view of the matter, the question whether the expres­sion "wife" in Rule 21…
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