Law:

Section:

Civil service------- Allotment of living accommodation---Cancellation---Allotment of house to civil servant by the Chairman of the Allotment Committee, was cancelled by Allotment Committee who allotted the same, to co-civil servant--­Validity---Chairman was not vested with power to make allotment as said power was vested with the Allotment Committee---Allotment made by Chairman in favour of civil servant itself being nullity in the eye of law same was rightly cancelled by the Allotment Committee and house was rightly allotted by the Committee in favour of co-civil servant. Ch. Muhammad Azam Khan, Advocate for Appellant. Muhammad Yunus Tahir, Advocate for Respondent No. 1. Date of hearing: 23rd November, 1999. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J.---This appeal, by way of leave of the Court, is directed against the order passed by the High Court on 23-2-1999, whereby the writ petition filed by respondent No. l was accepted. 2. The necessary facts, forming the background of the present appeal are that the appellant is serving as Junior Scale Stenographer in Grade B-12 for the last 16 years. It is claimed by the appellant that Quarter No. 14-E, situate in Staff Colony, Mirpur, was allotted to him on September 5, 1994. It is alleged that one Qammar-ud-Din forcibly occupied the quarter in dispute and filed a civil suit in the Court of Sub-Judge Mirpur and got an interim injunction. However, the same was afterwards vacated. An appeal was filed before the District Judge which was dismissed. Later on the said Qamar-ud-­Din was transferred to Bhimber. However, he handed over the possession of quarter in dispute to Raja Muhammad Yunus, respondent No.1 herein, who was an employee of Education Department serving in Grade B-16. Respondent No.1 according to the appellant through underhand means by suppressing the facts got the allotment of quarter in dispute on March 29, 1997. The appellant brought the matter to the notice of Chairman Allotment Committee that as the quarter in dispute was .allotted to him in 1994 and respondent No.l was not entitled to the allotment of 'E' type quarter, the Chairman recalled the allotment order. Respondent No.1 Raja Muhammad Yunus, on July…

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