GOVERNMENT OF PAKISTAN MINISTRY OF HOUSING AND WORKS vs Malik SAFEER AHMED R

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GOVERNMENT OF PAKISTAN MINISTRY OF HOUSING AND WORKS VS Malik SAFEER AHMED R. 29---Civil Servants Act (LXXI of 1973), Ss. 23B & 25(1)---Allotment of official accommodation/residence---Allotment cancelled by the Estate Officer---Civil suit filed by employee against order of Estate Officer---Maintainability---In the present case, the respondent was an official of the Federal Government, to whom the official accommodation was allotted and was subsequently cancelled through an order made by an officer authorized by the Accommodation Allocation Rules, 2002 ('the Rules 2002')---Under Section 23B of the Civil Servants Act, 1973 ('Act of 1973'), no order made or proceedings taken under the Rules could be called in question in any court and no injunction shall be granted by any court in respect of any decision made, or proceedings taken in pursuance of any power conferred by, or under the rules made thereunder---Since the order of cancellation was made by an authority, exercising power under the Rules, 2002 framed under the Act of 1973, therefore, it could have been called in question in the forum, provided by the Rules, 2002---Respondent, feeling aggrieved from the order of cancellation of allotment of his official accommodation, made by an authorized officer in pursuance of the power conferred upon him by the Rules, 2002, instead of availing the remedy provided by the Rules, 2002, approached the civil court which had no jurisdiction in the matter---Petition for leave to appeal was converted into appeal and allowed, impugned judgment passed by the High Court and the judgments and decrees of the Courts below were set aside with the direction that the Trial Court, having no jurisdiction in the matter, should return the plaint along with annexures to the respondent.

GOVERNMENT OF PAKISTAN MINISTRY OF HOUSING AND WORKS vs Malik SAFEER AHMED R — 2023 PLC(CS) 367 SUPREME-COURT

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