Syed ASHFAQ ANWAR vs SECRETARY, HOUSING PESHAWAR S — 2022 PLC(CS) 120 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PLC(CS) 120 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PLC
Parties: Syed ASHFAQ ANWAR vs SECRETARY, HOUSING PESHAWAR S
Subject matter: Constitutional
Provisions referred to: S. 10---; S. 10

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed ASHFAQ ANWAR VS SECRETARY, HOUSING PESHAWAR S.10---allotment of flats/appartments---Eligibility---Promissory estopple, principle of---applicability---Petitioners had been serving in Khyber Pakhtunkhwa government for more than five years and had applied for allotment of flats/ apartments---authorities declared petitioners ineligible for allotment on the ground that the scheme was only for retired employees---Validity---Initial advertisement, soliciting applications of government servants for sale/purchase of apartments, envisaged that an employee of Federal Government working in Basic Pay Scale-17 and above, who had worked with the affairs of Province of Khyber Pakhtunkhwa for 5 years, was eligible for allotment of apartment---To hold public servants responsible for their words, Court had always resorted to well enshrined principles of legitimate expectation and promissory estopple---Letter/order in question holding petitioners ineligible for apartments/flats was passed by a person who had no jurisdiction in the matter albeit based on alien considerations---High Court set aside letter/order declaring petitioners as ineligible for allotment of apartments/ flats as illegal and without lawful authority---High Court directed the authorities to place cases of petitioners before Special Committee established under S.10 of Khyber Pakhtunkhwa Housing authority act, 2005, for appropriate decision---Constitutional petition was allowed accordingly. Head Notes

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