Law:

Section:

Constitution of Pakistan (1973)------Art. 199---Constitutional petition---Civil Service---Allotment of official residential quarter---Husband of petitioner who was working as a teacher under Federal Government had died and after his death his son was appointed as Naib Qasid---Request of son of deceased for allotment of official quarter having been turned down, petitioner/mother of said Naib Qasid, had filed constitutional petition---Validity---Held, in case of death of civil servant his family must part with the possession of accommodation after expiry of prescribed limitation and in case son or daughter of late employee was in government service then he/she must stand in queue for allotment on his/her turn---No constitutional guarantee was available which could force government to provide residential accommodation to its employee---Once a civil/government servant in occupation of a government accommodation died, after the period prescribed under rules, his family would sever all connections with that house---Occupation of government accommodation by the family of a deceased civil servant, would be usurpation of the rights of other civil/government servants---Son of deceased after death of his father was continuously, living as an unauthorized occupant and High Court would never interfere for a person who was either a trespasser or an unauthorized occupant of government accommodation---Petitioner had absolutely no right, title or interest in accommodation which deceased enjoyed as a civil/government servant and which on his death automatically went back to the pool of Estate Office to be allotted to an other civil/government servant in accordance with his entitlement---No interference could be made in the matter by High Court in exercise of its constitutional jurisdiction---Constitutional petition was dismissed. Raja Imran Aziz for petitioner. Raja Iftikhar Javed, Standing Counsel and Syed Qaim Abbas, Joint Estate Officer for Respondents. Date of hearing: 26th May, 2004. ORDER NASIM SIKANDAR, J---The petitioner claims to be widow of late Muhammad Saeed Shah who was working as a Teacher under Federal Government. It is stated that her husband died during service…

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