Case Details

Citation(s)
2003 SLG 993 2003 SLD 993 2003 PLC 932
Supreme Court of Pakistan
Civil Petition No.2116 of 2()01, decision dated: 19-04-2002. (On appeal from the judgment of LahoreHigh Court. Rawalpindi Bench, dated 23-5-2001 passed in Writ Petition No. 1743 of 2000).
NAZIM HUSSAIN SIDDIQUI AND MUHAMMAD NAWAZ ABBASI, JJ

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FEDERATION OF PIKISTAN through Secretary, Ministry of Housing and Works, Islamabad and another

VS

A.R.P. MEMON, D.G. PETROLEUM AND ENERG" RESOURCES, ISLAMABAD

Law:

Section:

Pakistan Allocation Rules, 1961--------Rr. 10 & 16(2)---Facility provided to Federal Government Servant of self-hiring of house owned by his/her spouse or any other family member--­Scope---Such facility can be availed by civil servant while in service, but not after his retirement--Civil servant on retirement can retain such accommodation in his possession for a period not exceeding six months on payment of normal rent---Order of self-hiring passed in favour of civil servant at the time, when he was in service cannot be given effect after his retirement. Sardar Muhammad Aslam, Deputy Attorney-General of Pakistan and Ch. Akhtar Ali, Advocate-on-Record for Petitioners. Respondent in person. Date of hearing: 8th April, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---The respondent namely, A.R.P. Memon, Civil servant (since retired) was in occupation of official accommodation which was allotted to him from the pool of residential houses maintained by the Estate Office, Government of Pakistan, Islamabad. The respondent applied through the Minister concerned for self hiring of the house owned by his wife situated on the main park road in the area of Chak Shehzad, Islamabad. The request of the respondent was allowed but later the implementation of the order was held in abeyance with the objection that the respondent was not entitled to avail the benefit of self hiring under the existing policy. The respondent filed a Constitutional Petition bearing No. 1743 of 2000 in the Lahore High Court, Rawalpindi Bench, Rawalpindi and a learned single Judge in Chambers allowed the same vide judgment, dated 23-5-2001 with the following observations:-- "(10) Consequently, this Court would direct the Ministry of Housing and Works, Islamabad to give effect to the orders passed by its Minister allowing self hiring to the petitioner of the house under reference while following the Pakistan Allocation Rules, 1993. The writ petition is, therefore, accepted with no order as to costs." The Federal Government through Ministry of Housing and Works, Government of Pakistan, Islamabad and the Estate Officer, petitioners herein, have sought leave to appeal against the judgment of the. High Court…
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