Law:

Section:

(On appeal from the dated 7-5-1994 of the Federal Service Tribunal, Islamabad in Appeal No. 109(R) of 1994). Constitution of Pakistan (1973)--- ----Art. 212(3)---Government of Pakistan office Memorandum No. F.3(32)-R­13/79, dated 11-1-1981---Petitioner a Government servant surrendering possession of her official accommodation and started living with her husband who was employee of statutory body---Petitioner started drawing her house rent allowance---Petitioner was subsequently asked to refund such amount--­Petitioner's departmental representation as also his appeal before Service Tribunal were dismissed---Validity---Petitioner contending that Memorandum dated 11-1-1981 issued by Federal Government envisaged that one of the Husband/wife employed in Federal Government would be entitled to house rent allowance while the other employed in autonomous body would be governed by the rules of that body in such matter---Leave to appeal was granted, subject to examination of question whether petitioner's appeal before Service Tribunal was time-barred. Muhammad Munir Peracha, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 7th December, 1994. ORDER MUKHTAR AHMED JUNEJO, J: --Petitioner Mrs. Akhtar Usman was serving as Headmistress in a Federal Government School at Islamabad, while her husband was an employee of Pakistan Science Foundation. In March, 1981 the petitioner surrendered possession of her official accommodation and started living with her husband who was provided a house. The petitioner started drawing house rent allowance with effect from 1-4-1981. The AGPR took exception to the petitioner's drawing house rent allowance, while living in the accommodation provided to her…

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