| Citation(s) |
|---|
| 1992 SLG 2129 1992 SLD 2129 1992 PLJ 333 |
Lahore High Court
Writ Petition No.3479 of 1992, dismissed on 24.5.1992. Date of hearing: 19.5.1992.
MANZOOR HUSSAIN SLAL, J
Raja Muhammad Anwar, Advocate, with Raja Mahmood Akhtar, Advocate for Petitioner. Mr. Irfan Qadir, Additional Advocate General for
Respondents 1 to 3. Mr. Asif Saeed Khan Khosa, Advocate for
Respondent No. 4.
Writ Petition No.3479 of 1992, dismissed on 24.5.1992. Date of hearing: 19.5.1992.
MANZOOR HUSSAIN SLAL, J
Raja Muhammad Anwar, Advocate, with Raja Mahmood Akhtar, Advocate for Petitioner. Mr. Irfan Qadir, Additional Advocate General for
Respondents 1 to 3. Mr. Asif Saeed Khan Khosa, Advocate for
Respondent No. 4.
Mrs. NASIM KHAN
VS
PROVINCE OF PUNJAB, THROUGH CHIEF SECRETARY and 3 others--Respondents
Law:
Section:
Government Accommodation— —Government servant—Application for grant of Government accommodation- Accommodation given to respondent No.4-Challenge to-House in question stands already allotted in favour of respondent No.4 and no direction in nature of mandamus can be issued to respondents for allotment of same to petitioner-Even otherwise, she has no vested right for allotment of Government residence-Held: Order of allotment to respondent No.4 was undoubtedly passed in exercise of discretion which cannot be construed by any stretch of imagination to be arbitrary—Held further: Petitioner is not entitled to allotment of house in question and same stands rightly allotted in favour of respondent No.4--Petition dismissed. [Pp.336337]AB PLD 1961 SC 537 and PLJ 1986 SC 355 ref. JUDGMENT Mrs. Nasim Khan, Associate Professor, Government APWA College Lahore, petitioner herein, through this Constitutional petition seeks direction in the nature of mandamus to the respondents for allotment of House No.33-B, G.O.R.III, Lahore as also to declare the refusal of the respondents in this behalf as illegal and by way of consequential relief prays for issuance of injunction restraining the respondent No.2 from delivering possession of the aforesaid house to respondent No.4 till the decision of this petition. 2. The facts, in brief, giving rise to this petition are that in the year 1975 the petitioner was working as Assistant Professor, Government APWA College Lahore, in Grade-18. On 7.3.1975 she applied for provision to her Governmen accommodation but was advised to wait for her turn. She was promoted as Associate Professor on 28.3.1991 in Grade-19 and again applied for Government accommodation, as by then she became entitled to B type accommodation, but of no avail. 3. In the month of April, 1992 the House No.33-B, G.O.R.III fell vacant and she requested for allotment of the same on the basis of being a senior applicant but to her dismay the aforesaid accommodation was also allotted to respondent No.4 who was a junior applicant as compared to the petitioner. 4. Learned counsel for petitioner contended that the respondents arbitrarily turned down her…
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