Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Constitution of Pakistan (1973)---   ----Art. 185(3)---Civil Service---Residential accommodation for employees---Allotment, restoration of---Change in policy---Retrospective effect---Applicability---Privileges, taking away of---Scope---Petitioners were employees of Provincial Government and notices were issued to them to vacate their residential flats allotted to them by the government---Authorities raised the plea that by change in allotment policy, petitioners had become unauthorized occupants or allotments in their favour which became liable to cancellation---Validity---Contention of authorities did not merit any serious consideration---Any executive dispensation or change of policy could never have retrospective effect or impair vested rights--Government could be well within its rights to change its allotment policy but such change could only apply to allotments made after its enforcement---Change in policy could never affect rights of old allottees which could only be taken away through legislative dispensation given retrospective effect---Certain rights were created in favour of petitioners through allotment orders issued by government and such rights, even if in the nature of privileges, could not be taken away by subsequent executive action or change in policy---Such privileges could only be impaired through legislative dispensation expressly given retrospective operation---Notice issued by authorities to petitioners for vacating their residential flats and passed by High Court in exercise of Constitutional jurisdiction were. set aside---Appeal was allowed.    Multiline Associates v. Aredeshir Cowasjee and 2 others PLD 1995 SC 423; Abdullah Bhai and others v. Ahmad Din PLD 1964 SC 106; Collector of Central Excise and Land Customs and 3 others v. Azizuddin Industries Ltd. Chittagong PLD 1970 SC 439 and Al-Samrez Enterprise v. Federation of Pakistan 1986 SCMR 1917 ref.   (b) Public functionary---   ----No public power can be exercised arbitrarily at whims of those on whom same was bestowed.  JUDGMENT SABIHUDDIN AHMED, J.--- All these three petitions arise out from the same order of a Division Bench of the High Court of…

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