Full Judgment Text & Judicial Ruling

2004 P L C (C

2004 P L C (C.S.) 572

[Supreme Court of Pakistan]

Present: Nazim Hussain Siddiqui, Khalil-ur-Rehman Ramday and Faqir Muhammad Khokhar, JJ

TASNEEM AKHTAR

versus

GOVERNMENT OF PAKISTAN and 2 others

Civil Petition No 2996 of 2003, decided on 19th November, 2003.

(On appeal from the judgment, dated 7-10-2003 of Lahore High Court, Rawalpindi Bench passed in ICA No. 6 of 2003).

Pakistan Allocation Rules, 1993---

----Constitution of Pakistan (1973), Art. 185(3)---Allocation of residential quarter---Out of turn allocation---Pre-conditions---Petitioner being Government servant was allocated a residential quarter out of turn-- Order of authorities allocating the quarter was set aside by High Court --High Court directed the authorities to make the allocations strictly in accordance with rules---Validity---Allotment could be made out of turn under the provisions of Pakistan Allocation Rules, 1993 but the conditions required for such allotment were not fulfilled by the petitioner---Such out of turn allotment could be made in case of hardship which was not the case of the petitioner---Order of out of turn allotment of quarter to the petitioner by the authorities was against the provisions of Pakistan Allocation Rules, 1993---Direction of High Court, to allot the quarter as per seniority list for allotment, was in terms of the Rules and was not open to any exception---Leave to appeal was refused.

Muhammad Munir Paracha, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Petitioner.

Nemo for Respondents

Date of hearing: 19th November, 2003.

JUDGMENT

NAZIM HUSSAIN SIDDIQUI, J. ---Petitioner, Mst. Tasneem Akhtar, has impugned the judgment, dated 7-10-2003 delivered by a learned Division Bench, Lahore High Court, Rawalpindi Bench in Intra Court Appeal No.6 of 2003, whereby said Intra Court Appeal was partly allowed and order of learned Single Judge in Chamber was set aside with the following observations:--

"(13) As we have found that the appellant is a trespasser, therefore, he is directed to hand over the possession of Quarter No.211-E/Sector G-6-4, Islamabad to the Estate Office on or before 31-12-2003. Taking a lenient view, the appellant who is trespasser and has school going children, we are providing him breathing space to make alternate arrangement. We partly allow the I.C.A. and set aside-the order of the learned Single Judge in Chamber and hold that respondent No.3 was not entitled to allotment and allotment letter issued in her favour in respect of order, dated 7-8-2002 was without jurisdiction and of no legal effect. The allotment of quarter .concerned would be made strictly in accordance with the Pakistan Allocation Rules, 1993 keeping in view the seniority list of the candidates for allotment. "

2. We heard learned counsel for the petitioner and perused the record.

3. It transpires from the record that no formal allotment order of quarter in question was issued in favour of respondent No.3, Muhammad Javed and he had illegally occupied it, when it was lying vacant. He, in fact, is a trespasser and in that capacity is not entitled to any equitable relief. As regards petitioner, she is serving as TGT in BPS-16 in Federal Government Junior Model School, G-6/2, Islamabad. She applied for allotment of a quarter and on the seniority list her number was 610. Her husband is also a Government employee and is serving as an Assistant in the Estate Office and has been allotted House No.3 Block No.73-D, St No.36, F-6/1, Islamabad and she is residing with him. She applied for allotment of the quarter in question on out of turn basis.

4. It is true that, as per rules, allotment could be made out of turn but the conditions required for such allotment were-not fulfilled by her. So could be done in the case of hardship, which-is not her case. It being so, the order of authority to allot her quarter was against the provisions of Pakistan Allocation Rules, 1993. Under the circumstances, neither the petitioner nor the respondent No.3 were entitled to allotment of the quarter in question. The direction of High Court, to allot it as per the seniority list for allotment, is in terms of the rules referred to earlier anti not open to any exception.

5. In consequence, leave to appeal is refused and the petition is dismissed.

M.H./T-2/S Petition dismissed.

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