2023 PLP (C (PLC(CS))

ALI BAIG, J.

These writ petitions under Article 86(2) of the Gilgit-Baltistan (Empowerment and Self Governance) Order, 2018 have been filed by the petitioners claiming therein that the petitioners are government employees and the competent authority vide different allotment orders has allotted government accommodations to the petitioners at Gilgit. Now the respondent No.5/D.C Gilgit has issued the impugned notices bearing No. MISC. 54/19 dated 23.10.2019 to the petitioners to vacate the Govt. accommodations which is illegal and without lawful authority. The petitioners have also prayed for the following remedy:- It is therefore, humbly prayed that this Hon'ble Court may graciously be pleased to set aside the impugned Notice No.MISC-54/19 dated 23.10.2019 being illegal, void ab-initio and against the directives of Hon'ble Supreme Appellate Court GB, and also restrain the respondents from dispossessing the petitioners from the residential houses without providing them alternate residence to meet the ends of justice, law and equity.

2. Through this single judgment we intend to dispose of Writ Petitions bearing Nos.264/2019 and 265/2019 as common question of law and facts are involved in both the petitions.

3. Copies of writ petitions were supplied to the respondents with the directions to furnish parawise comments in this Court, which have been filed by the respondents. In the parawise comments the respondents have stated that in compliance with the orders of the Hon'ble Supreme Appellate Court who has directed respondent No. 5 to identify and vacate Govt. accommodations from local employees, who have their own private houses in Gilgit and using Govt. accommodations in Gilgit vide judgment/order dated 12.09.2019. In this connection the respondent No.5 had directed Assistant Commissioner Gilgit/respondent No. 6 to conduct inquiry into the matter and report to him. After conducting of thorough inquiry through revenue field staff, A.C. Gilgit has submitted his report to respondent No.5. In the light of report of A.C. Gilgit, the respondent No.5 has issued notices to the allottees to vacate Govt. quarters including the present petitioners who are local and having their own houses at Gilgit.

4. We have heard the learned counsel for the parties at considerable length and with their able assistance perused the record.

5. From perusal of record it reveals that in compliance with the judgment/order of the Hon'ble apex Court G.B. the respondent No.5 has got conducted inquiry through respondent No. 6 against the illegal allotments of Government accommodations to those Govt. employees who were not deserving for allotment of Government accommodations. As per parawise comments filed by the respondents the petitioners are local residents of Gilgit having their own residential houses at Gilgit, therefore the petitioners are not entitled to get Govt. accommodation / house as per Govt. accommodations allotment rules.

6. Moreover, allotment of Govt. quarter is not fundamental/vested right of Govt. servant/employee, therefore the Govt. servants cannot claim to get Govt. accommodation as a right as all the Govt. employees are getting house rent allowance in accordance with their pay scale along with monthly salary, thus the instant writ petitions are not maintainable, thus no any fundamental right of the petitioners has been infringed by the respondents.

7. For what has been discussed above, we are of the view that the instant writ petitions bearing No. W.P.264/2019 and W.P. No. 265/2019 are without merit, hence the same are dismissed accordingly along with C. Misc. No. 537/2019. A certified true copy of this judgment be placed on Writ Petition No. 265/2019. File. MH/138/GB Petitions dismissed.