Law:

Section:

(a) Azad Jammu and Kashmir Allocation (Accommodation) Rules, 1981--Rr. 6A (i)(3) & 7Allotment of residential accommodation to Government servantsSuch allotment had to be made by Allotment CommitteeSecretary Services who was Chairman of the said Committee was not authorised to make allotments himselfAllotment of same could only be made by the Allotment Committee after following the procedure and keeping in view the other factors prescribed in that behalf, pertaining to principles of first come first served, grade of the officers as well as category of the accommodation prescribed for respective officersPower to allot accommodation of a higher class if there was no other on the waiting list of that class vested in the Government and not in the Secretary Services­Waiting list showed large number of senior officers in higher grades than the allottee on the waiting listAllotment made by the Secretary Services to the civil servant who was not entitled to the accommodation in view of prescribed instructions by the Government which were part of the Allotment Rules, in circumstances was an arbitrary action without jurisdiction and thus void ab initioSystem of allocation of accommodation to Government servants being in complete mess, Supreme Court desired that matter of allocation of such accommodation must be streamlined within a reasonable time. (b) Order If a legal order has been passed by the Prime Minister and is not being implemented it creates a right in the concerned person to move the appropriate forum that the order may be implemented. (c) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- S. 44WritImplementation of orderOrder passed in favour of petitioner earlier had been withdrawn by the Authority before the same was formally issuedEnforceable legal right having not been created in favour of petitioner, writ could not be issued for implementation of the order which was withdrawn before the same was acted upon. (d) Azad Jammu and Kashmir Allocation (Allotment) Rules, 1981 Rr. 6A(3)Azad Jammu and Kashmir Civil Servants Act, 1976, Ss. 22 & 23Provision of R. 6A(3), Azad Jammu and Kashmir Allocation (Allotment) Rules, 1981 confers…

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