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Petitioner: MUHAMMAD FARHAN VS Respondent: ESTATE OFFICE through Joint Estate Officer IslamabadHonorable Justice Muhammad Anwar Khan KasiKhurram Mehmood Qureshi,Azizullah Marwat
2013 P L C (C.S.) 812
[Islamabad High Court]
Before Muhammad Anwar Khan Kasi, J
MUHAMMAD FARHAN
versus
ESTATE OFFICE through Joint Estate Officer Islamabad and 2 others
Writ Petition No.796 of 2011, decided on 19th February, 2013.
Accommodation Allocation Rules, 2002---
----Rr. 15(2), 15(4) & 17---Constitution of Pakistan, Art.199---Constitutional petition---Civil Service---Retention of official accommodation by civil servant after retirement or transfer---Scope---Petitioner sought a direction to the Estate Officer for the vacation of accommodation allotted to him, but occupied by the previous allottee, who had been transferred to an overseas embassy---Validity---Transfer of previous allottee had not been denied and he had also been provided an accommodation by the overseas embassy---Previous allottee had violated provisions of Rr.15 and 17 of the Accommodation Allocation Rules, 2002 by retaining the possession of the accommodation in Pakistan and also occupying the one provided to him overseas---Possession of two houses at the same time made the previous allottee liable for disciplinary action under R.17 of the Accommodation Allocation Rules, 2002---High Court directed the Estate Officer to immediately have the house vacated and to deliver the possession of the same to the petitioner---Constitutional petition was allowed, in circumstances.
Manzoor Ahmad v. Province of Punjab 1998 PLC (C.S.) 4 and Fazal Abbas v. F.O.P. Writ Petition No.3227 of 2010 rel.
Khurram Mehmood Qureshi for Petitioner.
Qazi Rafi-ud-Din Babar, Dy. A.-G. with Qaiser Mehmood, Estate Officer for the State.
Azizullah Marwat for Respondents.
Date of hearing: 31st January, 2013.
JUDGMENT
MUHAMMAD ANWAR KHAN KASI, J.--- Brief facts for the disposal of this petition are that the petitioner, being an employee of Federal Government in BPS-12 was allotted House No.3/4-D Street No.15, Sector G-7/2, Islamabad vide letter dated 21-7-2010 which had previously been allotted to Mr. Abdul Jalil respondent No.3 after transfer from Pakistan as Third Secretary (BPS-17) in the Embassy of Pakistan Algiers on 4-8-2009.
2. It is the case of the petitioner that the respondent No.3 even after transfer, did not vacate the house and the respondent No.2 vide letter dated 21-9-2010 allowed him to retain the possession of said quarter for a period of three years which is in violation of Accommodation Allocation Rules, 2002, especially when the respondent No.3 has been provided free accommodation at his place of posting i.e. Algiers.
3. It is further submitted that the respondent No.1 had issued a notice dated 26-8-2010 to respondent No.3 for vacation of house within fourteen days but he got a stay order from the Civil Court through a civil suit which was dismissed for non-prosecution on 9-6-2010 and this Court vide order dated 3-2-2011 passed in Writ Petition No.230 of 2011 had observed that the Estate Office can take action against respondent No.3 as according to record there is no restraining order against them at present.
4. The petitioner, therefore, prayed that letter F.No.3/4-D, G-7/2/E IV dated 21-9-2010 be declared illegal, without jurisdiction and the respondents Nos.1 and 2 be directed to get the house vacated from respondent No.3 for peaceful delivery of the possession to the petitioner.
5. The counsel for petitioner relied upon following case-laws:---
(i) 1998 PLC (C.S.) 4 Manzoor Ahmad v. Province of Punjab.
(ii) Writ Petition No.206 of 2008 of this Court, Nehmatullah v. F.O.P.
(iii) Writ Petition No.3227 of 2010 of this Court, Fazal Abbas v. F.O.P.
6. The authorities are on the point that Government employee after transfer or retirement, cannot retain the government accommodation beyond a grace period of six months under the Accommodation Allocation Rules, 2002.
7. Respondents Nos.2 and 3 despite service of notice, did not file parawise comments while respondent No.1 (Estate Officer) contested the petition through parawise comments by stating that the respondent No.2 can allow retention of house in such cases and, therefore, the Estate Office cannot take any action for vacation of the house from respondent No.3.
8. Heard and record perused.
9. Admittedly, the quarter-in-question was allotted to the petitioner vide allotment letter No.3/4-D, St,G-7/2/EII/EO, dated 21-7-2010 which is still in the field.
10. The transfer of respondent No.3 to Pakistan Embassy in Algier is also not denied where he assumed charge on 4-8-2009. Another admitted feature of the case is that respondent No.3 has been provided an official accommodation by Embassy of Algiers.
11. Rule 15 of Allocation Accommodation Rules, 2002 is very clear on this point, which prescribes criteria for eligibility for retention of house after retirement or transfer.
Rule 15(2) An allottee, on his retirement or expiry of contract period shall be entitled to retain the accommodation under his occupation for a period not exceeding six months, on payment of normal rent and this facility will be available to FGS once only.
Rule 15(4) An allottee who is.----
(a) transferred or sent on deputation to an out station eligible department, he shall be entitled to retain the accommodation till his posting back to the station of accommodation or till the availability of accommodation at the new station with the permission of Works Division provided he does not claim the accommodation or house rent allowance at his new place of posting and his Ministry shall take up the case with he Ministry of Housing and Works for this purpose;
12. Rule 17 of the Rules [ibid] prohibits the possession of more than one accommodation.
"Possessing more than one accommodation.--- (1) No FGS shall keep more than one accommodation at the same time in his possession.
(2) If a FGS is found in possession of more than one accommodation at the same time, the allotments of all the houses or flats in his possession shall be cancelled.
(3) He shall be charged rent at the rate of one rental ceiling per month of his entitlement for possessing any additional accommodation over and above his entitlement.
(4) He shall be liable to disciplinary action for misconduct under the relevant rules or laws.
(5) A FGS who is found guilty under sub-rule (4) shall be disqualified for any allotment in future, for ten years.
(6) On becoming eligible for government accommodation his name shall be placed at the bottom of the GWL on that date, provided he applies.
13. It is thus evident that the respondent No.3 violated the Accommodation Allocation Rules, 2002 by retaining the possession of quarter No.3/4-D, ST.15, G-7/2, Islamabad after getting the possession of accommodation at Algiers. Moreover, possession of two houses at the same time also makes him liable for disciplinary actions under Rule 17 of the Accommodation Allocation Rules, 2002 and, therefore, the order dated 21-9-2010 passed by respondent No.2 is declared without lawful authority and in violation of Accommodation Allocation Rules, 2002. Respondent No.1 is directed to immediately get the said house vacated and to deliver its peaceful possession to the petitioner.
14. The petition is allowed in above terms with no order as to costs.
KMZ/58/Isl. Petition allowed.