Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)S. 23Civil Services Rules (Punjab), Vol. 1, Part 1, R. 5.45 [as substituted by Notification dated 3061979]Rules of Business (Punjab), 1974, Sched. VII, Part A, Item 16Constitution of Pakistan (1973), Art. 199Constitutional petitionCivil servant's retirementCivil servant in spite of retirement was granted extension for 2 years in allotment of official residenceRespondent (civil servant) being in service was allotted residence in questiol7Petitioner apprehending that respondent in connivance with officials in spite of extension granted by Chief Minister would dispossess him seeking remedy of restraining respondents from dispossessing petitioner from residence of his occupation­Power of Chief Minister to allot residence to retired civil servant in relaxation of rules stated with illustration. The basic purpose of Rules of Business is to allocate the various functions which could be performed in the name of the Province of Punjab. Mere allocation of a business to one functionary would not create authority in that functionary to perform that function unless the law otherwise permits its performance. If the Province of Punjab who owns the residential quarter in question has the authority to alienate/transfer or give on licence this property, the Rules of Business would state as to who would do this. On the other hand, if there was no power of transfer/alienation/licence then merely because the subject was entrusted to the Chief Minister in the Rules of Business, it would not even impliedly confer the power upon the designated authority. The examination of the relevant Rules, reveals that they do not either expressly or impliedly confer power of allotment on the Chief Minister for an unlimited duration. It is doubtful whether in exercise of the power of relaxation of Service Rules under Item 16 of Part A of Schedule VII of the Rules of Business, 1974, the Chief Minister or for that matter any other functionary of the Province can confer a privilege or grant licence to a retired Government servant. Item 16 prima facie would cover cases of persons in service and not those who have already superannuated. The situation…

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