2009 PLP 2176 (YLR)

IJAZ AHMAD CHAUDHRY, J.--Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner seeks direction to the respondents to transfer permanently House No. 105 Block-C measuring 7-marlas situated in the Punjab Government Servants Housing Scheme, Mohlanwal, Lahore and for delivery of possession of said house to the petitioner being widow of Sayyid Sabir Hussain Naqvi without charging any construction and development charges.

2. Briefly the facts are that petitioner is widow of Sayid Sabir Hussain Naqvi who was a Line Officer BS-14 of Punjab Persons Staff Training Institute, Lahore, and retired from service w.e.f. 3-12-2005 and died on 15-4-2006; The Govt. of the Punjab respondent No.1 established a Housing Foundation for the Punjab Government Servants and introduced a scheme for providing houses on no profit no loss basis to Government employees or their families in case of death during the service under Punjab Government Servants Housing Foundation Act, 2004 and Punjab Government Servants Housing Foundation Rules, 2005; the deceased husband of the petitioner also got membership of the foundation under section 13 of the Punjab Government Servants Housing Foundation Act, 2004 read with rules 4 and 5 of the Punjab Government Servants Housing Foundation Rules, 2005. Then house No. 105 Block-C measuring 7-marlas situated in the Punjab Government Servants Housing Scheme, Mohlanwal, Lahore was provisionally allotted to the petitioner along with other legal heirs on 23-12-2008; but now General Manager respondent No.4 issued impugned order dated 1-1-2009 demanding Rs.16,91,900 as construction and development charges by the 30th April, 2009, otherwise they will lose their right.

3. Learned counsel for the petitioner contends that as per earlier decision of the respondents nothing was to be charged from the widows and legal heirs of the deceased employee, who died during the service but the demand notice dated 1-1-2009 has been issued to the petitioner and other heirs of deceased for paying an amount of Rs.16,91,900 as construction and development charges; that the demand of the respondents is illegal and unlawful, and that this petition may be accepted and respondents be directed to alienate the plot in question in favour of petitioner and other heirs of deceased husband of the petitioner. 5(sic). On the other hand learned counsel appearing on behalf of respondent No. 4 contends that rules do not provide any concession to the widows and the heirs of the deceased employees who died during the service; however during the arguments, he concedes that a brochure annexure-E we got published by the Punjab Government Servants Housing Foundation in which "special concession" has been introduced that no development and construction charges will be charged from the heirs of the member of the foundation, who dies during service, but the learned counsel maintains that as no amendment has been made in the rules so this concession is not applicable and that the petitioner is liable to pay the dues towards the construction and development charges.

6. I have heard the arguments of learned counsel for the parties and have perused the documents attached with the writ petition.

7. It is not denied that the petitioner is widow of Sayid Sabir Hussain Naqvi who was retired from the service with effect from 23-12-2005 and died on 15-4-2006. It is also not denied that respondent No.1 had established a Housing Foundation and introduced scheme for allotment of house on no profit no loss basis to the Government Servants. It is also not denied that the brochure was got issued by the Punjab Government Servants Housing Foundation wherein "Special Concession" was introduced, which is reproduced for ready reference in verbatim as under:-

8. It is admitted fact that this concession was circulated by respondent Nos.2 to 4 through brochure and in such circumstances somersault cannot be taken by the respondents by demanding amount of construction and development charges from the widow and legal heirs of Sabir Hussain who died during the service as per condition laid down in the brochure. Once the concession has been announced and got circulated by the Government, it is binding to be implemented by its functionaries in letter and spirit and due to the lapses on their part, the heirs of the deceased employees cannot be deprived of the said concession. When the said concession was allowed, it was the duty of the concerned authorities to, get the rules amended for implementation thereof. Hence, this writ petition is accepted and impugned demand notice is set aside. Respondents Nos. 1 to 4 are directed to hand over the possession of the house to the petitioner as per their terms made in the brochure circulated by them. It cannot be tolerated that Government Department by making such terms will be allowed to back out from the incentive given by them to the public servants subsequently. M.Y./S-145/L Petition accepted.