Rent of accommodation

2013 PLC(CS) 465 KARACHI-HIGH-COURT-SINDH Judicial Precedent

Regln. 17Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2Specific Relief Act (I of 1877), Ss.42 & 54Suit for declaration, injunction and damagesInterim injunction, grant ofRent of accommodation

Plaintiffs were ex-employees of Pakistan Telecommunication Company Limited (PTCL) who after retirement were using accommodation of the company

Grievance of plaintiffs was that they were entitled to pension but PTCL had withheld it in lieu of recovery of rent regarding accommodations being used by them

Validity

Plaintiffs who retired in normal course continued to retain flats occupied by them after lapse of six months period, then they had to pay rent either at penal rate of 11.25% of pension or "standard rent", whichever was higher

PTCL was unable to state whether "standard rent" had at all been notified by it, as relevant for plaintiffs

Pay and pension were two separate and distinct concepts and were separately set out in definition of emoluments (Regln.17.01(b) of Pakistan Telecommunication Company Limited Service Rules, 1996)

Nothing existed in Regulation 17 of Pakistan Telecommunication Company Limited Service Rules, 1996, as would permit PTCL to adjust penal rent due from any of the relevant plaintiff against pensions payable to such plaintiffs

If at all PTCL wished to recover such amount, it could seek its remedy elsewhere

Plaintiffs were entitled, unless anything to the contrary was shown, to the payment of pension

Plaintiffs must, to a greater or lesser degree (depending on specific circumstances of each) be suffering on account of non-payment of pension

Such injury and suffering must be regarded as materially affecting their lives

All ingredients for interim relief were in place in favour of plaintiffs, therefore, High Court directed PTCL to pay in full all arrears of pension to plaintiffs that had accumulated on account of its putative adjustment by way of rent or otherwise

Application was allowed in circumstances.