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Petitioner: AMINURRAHMAN KHAN and another VS Respondent: PAKISTAN through Secretary, Ministry of Works, Works Division and another
Court Name: Supreme Court of Pakistan Judge(s): Naimuddin, Nasim Hasan Shah, Ali Hussain Qazilbash Title:AMINURRAHMAN KHAN and another vs PAKISTAN through Secretary, Ministry
of Works, Works Division and another Case No.: Civil Petition No,142-R of 1989 Date of Judgment:1989-06-20 Reported As: 1989 SCMR 1948 Result: Petition dismissed Judgment ORDER ' ALI HUSSAIN QAZILBASH, J.--This petition for leave to appeal arises from the order of the Federal Service Tribunal, dated 124-1989. 2. Petitioners 1 and 2 are father and son. Petitioner No,1 was Deputy Secretary in the Federal Government and retired in January, 1984. During his service, petitioner No,1 was allotted Quarter No,28/3-F,F-6/4, Islamabad. Petitioner No,2 has also resided with his father in the same quarter. On the retirement of petitioner No,1, the Estate Officer asked him to vacate the quarter because after retirement he was not entitled to retain the same. The efforts of petitioner No,2 to retain quarter No,28/3-F met with no success. He was allotted a flat by the Estate Officer, bearing No,23/8-D in Sector G-10/3, Islamabad, according to his entitlement. The petitioners challeged the order of the Estate Officer by way of an appeal before the Federal Service Tribunal, Islamabad, which was dismissed as per the impugned order holding the appeal to be incompetent. 3. We have heard the petitioner in person and have gone through the order of the Federal Service Tribunal and are of the view that the finding of the Service Tribunal about the incompetency of the appeal is unexceptionable because the allotment of quarters/houses is not included in the terms and conditions of service of civil servants. The petition is thus dismissed. 4. The petitioners are, however, allowed two months time from today to vacate and hand over the vacant possession of the quarter to the authorities concerned.