Case Details

Citation(s)
1995 SLG 1551 1995 SLD 1551 1995 PLC 1103
Federal Service Tribunal, Islamabad
Appeal No. 113(R) of 1994, decided on 19th June, 1995.
S.M. ISHAQ AND RANA RIFAT SAEED MEMBERS

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NOOR ELAHI

VS

Law:

Section:

(a) Allocation Rules---- ---- Rr. 14 & 19---Retaining Government accommodation by retired civil servant beyond prescribed period---Effect---Civil servant despite having been retired from service retained and occupied accommodation provided to him by Government beyond prescribed period of six months---Authority considering occupation of civil servant as unauthorized, instead of reporting to police for taking necessary action against civil servant for his- ejectment from accommodation, demanded from him standard rent as well as allied charges for period of his unauthorised occupation---Civil servant who claimed that he had been retired at least four years before his actual date of retirement due to wrongly recorded date of his birth in the service record, had appealed before Appellate Authority against his undue retirement and at the same time had sought from Authority permission for retaining accommodation till decision of his appeal---Civil servant's son who was also an employee of Authority, had also applied for allotment of disputed accommodation claiming that under R.14 of Allocation Rules, he was eligible for its allotment, but Authority did not dispose of his application---Civil servant who remained in occupation of accommodation in hope that same would either be allotted to his son or that he himself would either be allowed to stay till disposal of his appeal regarding his premature retirement, had committed no irregularity---Standard rent as well as allied charges should not be charged by Authority from civil servant due to peculiar circumstances of the case, but instead normal rent should be charged from him for period in question as Authority itself was responsible for not taking any appropriate action either on request of civil servant for stay in accommodation or on application of his son for allotment of accommodation. (b) Service Tribunals Act (LXX of 1973)--- ---S. 4---Appeal---Limitation---Civil servant though had filed departmental! appeal against his grievance after several months of prescribed period of limitation, but departmental appeal was dismissed not on limitation, but was dismissed on merits--- appeal filed before Serviced Tribunal…
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