Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199 --- Civil Servants Act (LXXI of 1973), S.2---Federal Public Service Commission (Composition and Conditions of Service) Regulations, 1978, Regl. 18---General Clauses Act (X of 1897), S.24---Constitutional petition---Federal Government Employees Housing Foundation---Allotment of plot---Petitionerâ-ž Secretary of Federal Public Service Commission in BS-21---Provisional allocation of plot to petitioner on 27-8-1999---Cancellation of plot on the ground that petitioner being a contractual employee of the Commission was not a civil servant in terms of Civil Servants Act, 1973 and thus was not eligible for allotment---Validity---Petitioner had been elevated to BS-21, Federal Public Service Commission for a tenure of three years through Notification No.11/3/97-E-I, dated 2-2-1997 laying down that after his retirement on 5-11-1999, he would be treated as re-employed on contract basis---Letter dated 17-10-1999 issued by Cabinet Secretariat (Establishment Division) clarified that Rules/Regulations as applicable to other civil servants in BS-21 would govern petitioner---Petitioner irrespective of his posting, had remained in Government service till 5-11-1999 and was a civil servant at relevant time within meaning of Civil Servants Act, 1973---Petitioner while holding office of Secretary continued to be a civil servant in terms of R.18 of Federal Public Service Commission (Composition and Conditions of Service) Regulations, 1978---Plot allotted to petitioner in capacity of Federal Government employee could not be cancelled on mere unfounded assumptions, without hearing him and without giving reasons in support of impugned order---High Court accepted Constitutional petition and declared impugned order to be without lawful authority and of no legal effect. Messrs Airport Support Services v. The Airport Manager, Quaid-e-Azam International Airport, Karachi and others 1998 SCMR 2268 and Col. (Retd.) Ayub Ali Rana v. Dr. Carlite S.Pune and another PLD 2002 SC 630 rel. (b) General Clauses Act (X of 1897)--- ----S. 24-A---Exercise of powers under enactments---Essentials--Authority or person exercising/discharging statutory…

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