| Citation(s) |
|---|
| 2008 SLG 1738 2008 SLD 1738 2008 SCMR 967 |
Supreme Court of Pakistan
C.P.L.A. No.13 of 2008, decision dated: 11-02-2008.(On appeal from judgment, dated 12-12-2007 in Appeal No.200(R)(C.S.) of 2006 passed by the Federal Service Tribunal, Islamabad)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Ch. Afrasiab Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Raja Muhammad Irshad, D.A.G. along with S. Zamir Naqvi, Superintendent P.I.M.S. and Raja Abdul Ghafoor, Advocate-on-Record for
Respondents Nos.1 and 2. Muha
C.P.L.A. No.13 of 2008, decision dated: 11-02-2008.(On appeal from judgment, dated 12-12-2007 in Appeal No.200(R)(C.S.) of 2006 passed by the Federal Service Tribunal, Islamabad)
ABDUL HAMEED DOGAR, C.J., IJAZ-UL-HASSAN KHAN AND CH. EJAZ YOUSAF, JJ
Ch. Afrasiab Khan, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Raja Muhammad Irshad, D.A.G. along with S. Zamir Naqvi, Superintendent P.I.M.S. and Raja Abdul Ghafoor, Advocate-on-Record for
Respondents Nos.1 and 2. Muha
Ch. MUHAMMAD ASLAM
VS
CHAIRMAN, COMMITTEE FOR ALLOTMENT OF OFFICIAL RESIDENTIAL ACCOMMODATION, P.I.M.S. ISLAMABAD and others
Law:
Section:
Accommodation Allocation Rules, 2002----Rr. 6 & 7---Allotment of residential accommodation to employees of Pakistan Institute of Medical Sciences which had its own residential colony---Allotment of residential accommodation had been made after the promulgation of Accommodation Allocation Rules, 2002, in order to set at rest the controversy of allotment of such accommodation to employees of Pakistan Institute of Medical Sciences---Supreme Court directed the departmental allotment committee to examine cases of employees, in the light of Accommodation Allocation Rules, 2002 and finalize the same within specified time. JUDGMENT CH. EJAZ YOUSAF, J.--- This petition for leave to appeal is directed against judgment, dated 12-12-2007 passed by the Federal Service Tribunal, Islamabad, whereby appeal filed by respondent No.6 was partially allowed and case was remanded to the authority. 2. Facts of the case in brief are that Appeal No.200(R)(C.S.) of 2006 was filed in the Federal Service Tribunal, Islamabad by respondent No.6 Dr. Musharraf Ali Khan, whereby allotment of House No.8 of category "F" situated in P.I.M.S. Colony, to respondent No.4 Dr. Matloob Azam, vide order, dated 23-6-2005 was challenged. In addition, order dated 11-2-2006, whereby category "F" house were allotted to officers, other than the said respondent, was also challenged. Case of respondent No.6 before the F.S.T. was that he had joined Pakistan Institute of Medical Sciences on 1-5-1986 and was allotted an "E" type house in the year 1988 in which he was still residing, despite his promotion in BS-18 on 28-1-2004. It would be pertinent to mention here, that the above mentioned house was allotted to respondent No.4 Dr. Matloob Azam, who was in BS-19, vide allotment order, dated 23-6-2005 on the recommendations of respondent No.1 i.e. the Chairman, Committee for Allotment of Official Residential Accommodation. Respondent No.6, Dr. Musharraf Ali Khan, submitted a departmental representation dated 27-7-2005 to respondent No.1. Since respondent No.1 had also allotted a number of vacant houses to various employees of P.I.M.S. vide letter, dated 11-2-2006 which did not contain the name of the said…
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