| Citation(s) |
|---|
| 1998 SLG 1172 1998 SLD 1172 1998 PLC 4 |
Lahore High Court
Writ Petition No. 9993 of 1996, decision dated: 8-10-1996.
MUNIR A. SHEIKH, J,
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Writ Petition No. 9993 of 1996, decision dated: 8-10-1996.
MUNIR A. SHEIKH, J,
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MANZOOR AHMAD
VS
PROVINCE OF PUNJABand others
Law:
Section:
(a) West Pakistan Government Lands and Buildings (Recovery of Possession) Ordinance (IX or 1966)-------S. 4---Constitution of Pakistan (1973) Art 199---Constitutional petition---Right of easement to occupy Government residence---Petitioner, an employee under the administrative control of Provincial Government (respondent) was allotted house owned by respondent Government--Petitioner was subsequently posted tinder the administrative control of Federal Government whereupon he, was denied the right to occupy said house---Petitioner filed Constitutional petition to seek declaration to the effect that action of respondent Government was without lawful authority--Held, petitioner was not entitled to retain the house owned by respondent Government who was not obliged to provide him house accommodation as he had ceased to be the employee of that Government within the contemplation of Civil Service Rules (Punjab)---Act of respondent Government being not violative of law or infringing any right of petitioner granted by law, petition was dismissed in limine. (b) Civil Service Rules (Punjab)--- R. 2.24---"Government" as defined in R. 2.24 of Civil Service Rules (Punjab) means Punjab Government in the administrative department and expression "is transferred out of station" used in the said rule means that if employee of Provincial Government is transferred out of station he would be governed by this rule but same would not be applicable to employee of Federal Government, though the department in which he was posted by Federal Government was located within limits of same station where he was working as Provincial Government employee. Muhammad Ilyas Khan for Petitioner. Mian Abdus Sattar Najam, A.-G. for Respondents Nos. 1,' 2, 4 and 5. Dr. Khalid Ranjha with Muhammad Iqbal, Estate Officer for Respondent No. 3. ORDER In this Constitutional petition the petitioner seeks declaration to the effect that the threatened action of the respondents to dispossess him from House No. 8, Club Road, G.O.R.-I, Lahore and notices dated 4-3-1996 and 8-5-1996 (Annexures C and D) are without any lawful authority and of no legal effect. 2. The facts forming the background of this…
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