2012 PLP (C (PLC(CS))

MUHAMMAD KHALID MEHMOOD KHAN, J.

Through this constitutional petition, the petitioner has assailed the legality of order dated 15-10-2011 issued by the Estate Officer, Government of Punjab, Services and General Administration Department, Lahore.

2. The official accommodation No.14-A, Golf Road, GOR-1, Lahore was allotted to Mr. Shahab Anwar Khawaja, the then Commissioner Afghan Refugee Punjab, Lahore, on 20-5-1990. On 19-7-1994 the petitioner being the wife of allottee and civil servant was allowed to reside in the official accommodation with her husband Shahab Anwar Khawaja by the competent authority. On the transfer of Shahab Anwar Khawaja from Government of Punjab to Federal Government, the petitioner on 26-2-1996 applied for allotment of official accommodation in her possession being the joint allottee with her husband. Vide allotment letter dated 22-5-1996, official accommodation, No.14-A, Golf Road, GOR-1 Lahore, was allotted to petitioner who is a Doctor of Medicine in Post Graduate Medical Institute Lahore. On 15-10-2011 the petitioner was directed that Chief Minister Punjab has withdrawn her joint allotment allowed on 22-5-1995 being contrary to allotment policy.

3. Notices were issued to respondents, they filed report and parawise comments. The respondents submitted that under a directive No.SO(Coor)CMS.OT-176/94-2623-37866 dated 12-7-1994 house No.14-A Golf Road, GOR-1, Lahore was jointly allotted to Mr. Shahab Anwar Khawaja, Mrs. Shahida Khawaja was allowed to reside in the house as joint allottee, however no formal order for joint allotment was issued by S&GAD department which is necessary/pre requisite. The residence was allotted to Shahab Anwar Khawaja on 16-5-1990. The said officer was transferred in March, 1992 to Federal Government. The allottee officer requested the Chief Secretary Punjab for retention of said house for six months. On his request he was allowed to retain the house in dispute for eight months from 9-3-1992 to 8-11-1992, vide letter dated 10-3-1992. On expiry of the said extended period, the officer continued to retain the residence. In 1994 his wife maneuvered politically and succeeded to procure letter from Chief Minister for the joint allotment of official residence with her husband. It is claimed that no provision exists in the allotment policy for joint allotment. The joint allotment is not covered under the allotment policy and as such the joint allotment is void ab-initio.

4. Learned counsel for petitioner submits that petitioner is not a joint allottee, her joint allotment was converted into her independent allotment on 22-5-1996. He further submits that impugned order has been issued with the mala-fide intention to accommodate some officer of the choice of interested authority. He further submits that impugned order is without lawful authority.

5. Mr. Muhammad Hanif Khatana, learned Addl. Advocate General, Punjab submits that as per allotment of residences policy of S& GAD under Clause-20, no government servant is entitled to surrender the allotment in favour of any particular person and in case he do so, his allotment will be deemed to be cancelled. Further, the employee has no vested right for allotment of Government accommodation. He submits that house/accommodation, subject-matter of the writ petition is only available to the officials of Lahore High Court, Lahore and other senior officers of judiciary as well as other Government officers of same rank. He adds that the joint allotment in favour of petitioner is void ab-initio and as such the respondent has rightly recalled the petitioner's allotment being the competent authority.

6. Heard. Record perused.

7. Admittedly Mr. Shahab Anwar Khawaja was allotted the house in dispute on 16-5-1990, vacated by Mr. Muhammad Azhar who was repatriated to Federal Government as per his entitlement. On 14-7-1994, the petitioner who is the wife of Shahab Anwar Khawaja was allowed to reside in the house as joint allottee in the following terms:

"You are hereby allowed to reside as joint allottee in pursuance of Chief Minister's directive No.SO(Coor) CMS-OT-176/94-2623-37866 dated 12-7-1994 in House No.14-A, Golf Road, GOR-1, Lahore allotted to Mr. Shahab Anwar Khawaja, Commissioner, Afghan Refugees Punjab, Lahore on usual terms and conditions."

8. The petitioner's husband Shahab Anwar Khawaja was transferred to Federal Government in 1995, the petitioner submitted an application on 26-2-1996 to Additional Chief Secretary, Government of Punjab, requesting that since the undersigned is a joint allottee of House No.14-A Golf Road, GOR-1 Lahore, the allotment of said house be transferred to her as her husband has now transferred to Islamabad and she has to live at Lahore. This application was allowed by the competent authority and vide letter dated 22-5-1996 the house was allotted to Dr. Shahida Khawaja and Mr. Shahab Anwar Khawaja vacated the same. The allotment order dated 22-5-1996 shows that the earlier joint allotment order or permission to reside with her husband as joint allottee to petitioner, stand merged in allotment letter dated 22-5-1996. The petitioner, thus, becomes the sole/single allottee of the house in dispute. The impugned letter is read as under:

"I am directed to refer to the subject noted above and to intimate that the Chief Minister, Punjab has withdrawn the previous joint allotment granted vide No.EO-59/89/14-A/Golf Road-624 dated 22-5-1996, being contrary to allotment policy. However, it has been decided that some suitable Government accommodation will be allotted to Mrs. Shahida Khawaja wife of Mr. Shahab Anwar Khawaja as per entitlement and allotment policy in any other GOR.

2. It has further been decided to allow retention of House No.14-A, Golf Road, GOR-I, till 30-11-2011."

9. The impugned letter shows that respondents have cancelled petitioner's joint allotment. The alleged joint allotment dated 22-5-1996 is not the joint allotment but it is an allotment independently to petitioner as is evident from the allotment letter.

10. The arguments of learned Additional Advocate-General that as per allotment policy of Government accommodation the joint allotment is void ab-initio has lost its value for the simple reason that allotment dated 22-5-1996 is not a joint allotment, the House No.14-A was allotted to petitioner independently as the Government official when it was got vacated from Shahab Anwar Khawaja. Learned Additional Advocate General has specifically argued that house in dispute is at the disposal of Lahore High Court, Lahore for allotment of Hon'ble Judges and other senior officers of the Judiciary and as such allotment was even otherwise not legal. This argument has no force as the said house was allotted to Shahab Anwar Khawaja on 20-5-1990 and after the lapse of 21 years the respondents are trying to get the benefit of Clause-III of the residential accommodation policy. It is not the case of respondents that the allotment in favour of Shahab Anwar Khawaja was against the law, rules and policy and as such this argument is devoid of any merit.

11. In view of above said facts, it is clear that petitioner is residing in the house as allottee of the same under the orders of competent authority and as such the impugned order is against the facts and is without any lawful authority. In case the respondents intend to get the house vacated, they may proceed in accordance with law as the petitioner is a valid allottee of the house in dispute in her own rights.

12. In view of above, this petition is allowed and the impugned order is declared without lawful authority. H.B.T./S-17/L Petition allowed.