1989 PLP 1948 (SCMR)
AMIN‑UR‑RAHMAN KHAN and another Petitioners Versus PAKISTAN through Secretary, Ministry of
| Citation | 1989 PLP 1948 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah, Ali Hussain Qazilbash and Naimuddin, JJ |
| Parties | AMIN‑UR‑RAHMAN KHAN and another Petitioners Versus PAKISTAN through Secretary, Ministry of |
| Primary Law | Civil service‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1948 (SCMR)?
This judgment primarily cites: Civil service‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1948 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah, Ali Hussain Qazilbash and Naimuddin, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1948 (SCMR) (AMIN‑UR‑RAHMAN KHAN and another Petitioners Versus PAKISTAN through Secretary, Ministry of). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Ghulam Dastgir, Advocate‑on‑Record for Petitioners.
- MA. Siddiqui, Deputy Attorney‑General and Ch. Akhtar Ali, Advocate on‑Record for Respondents.
- Date of hearing: 20th June,1989.
Headnotes / Summary
(From the order of the Federal Service Tribunal, Islamabad, dated 12‑1‑1989, passed in Appeal No.320(R) of 1987). ‑‑‑ Allotment of house‑‑Dispute between civil servant and Estate Officer‑‑Civil servant challenged, by way of an appeal, Estate Officer's refusal to allot him the house which had been in occupation of civil servant's father, also a civil servant, who had since retired‑‑Service Tribunal dismissed civil servant's appeal being incompetent‑‑Legality‑‑Finding of Service Tribunal about the incompetence of appeal was unexceptionable because the allotment of quarters/houses was not included in the terms and conditions of service of civil servants.
Judgment & Decree
ALI HUSSAIN QAZILBASH, J.‑‑This petition for leave to appeal arises from the order of the Federal Service Tribunal, dated 12‑1‑1989.
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. A.A/A‑554/S Petition dismissed.