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Petitioner: MUHAMMAD YOUSAF.MALIK VS Respondent: WATER AND POWER DEVELOPMENT AUTHORITY
2000 P L C (C
2000 P L C (C.S.) 922
[Supreme Court of Pakistan]
Present: Irshad Hasan Khan, Raja Afrasiab Khan and Ch. Muhammad Arif, JJ MUHAMMAD. YOUSAF MALIK
Versus
WATER & POWER DEVELOPMENT AUTHORITY through Chairman, WAPDA
Petition for Leave to Appeal No. 1193‑L of 1997, decided on 22nd December 1999
(On appeal from the judgment/order of Federal Service Tribunal, Lahore dated 17‑6‑1997 passed in Appeal No. 92 (L) of 1997).
Constitution of Pakistan (1973)‑‑
‑‑‑‑Art. 212(3)‑‑‑Terms and conditions of service‑‑‑Dispute was' with regard to payment of increase in house rent to civil servant by WAPDA‑‑‑Service Tribunal found that the increase would be applicable after expiry of existing lease deed‑‑‑Supreme Court directed WAPDA to pay enhanced rent to the petitioner from the date on which the payment of such increase in the rent became due within three weeks under intimation to the Registrar of the Court.
Petitioner in person
Muhammad Sharif, Advocate Supreme Court and Tanvir Ahmed, Advocate‑on‑Record for Respondents Nos. l and 2
ORDER
We have heard the learned counsel for the parties. The dispute here in relates to grant of house rent ceiling of Rs.4,920. The petitioner hired a house at the rate of Rs.4,100. The rate was revised by WAPDA. The case of the petitioner before the Tribunal was that he was entitled to Rs.4,920. The Tribunal dismissed the appeal on the ground that the revised rate was applicable to fresh hiring., However, the petition was dismissed with the observation that the increase will be applicable after. expiry of existing lease deed i.e. from 31‑1‑1997.
2. The petitioner states that enhanced rent has not been given to the petitioner w.e.f. 31‑1‑1997 by WAPDA in terms of the direction of the Tribunal.
3. When faced with this, Mr. Tanvir Ahmed, Advocate‑on‑Record submits that the enhanced rent could not be given to the petitioner because of the petition filed by the petitioner before this Court.
In the circumstances, we direct WAPDA to pay enhanced rent at the rate of Rs.4,920 to the petitioner w.e.f. 31‑1‑1997 instead of‑29‑12‑1997 i.e. the date on which the payment of such increase in the rent became due A within 3 weeks from today under intimation to the Assistant Registrar of this Court
With the above observation, the petition is disposed of.
Q.M.H./M.A.K/M‑19/S Order accordingly.