AROOJ ASGHAR vs GOVERNMENT OF PUNJAB through Chief Secretary Ss — 2024 PLC(CS) 222 LAHORE-HIGH-COURT-LAHORE |

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AROOJ ASGHAR VS GOVERNMENT OF PUNJAB through Chief Secretary Ss.15 & 16---allotment policy---Entitlement of the government officers of various grades/scales---Powers of the authorities---Scope---Government accommodation having been allotted to the petitioner (principle at a college for women) was withdrawn by the respondents / authorities ; and was restored to the previous allottee (respondent / principal ) on her transfer back---Petitioner previously challenged the withdrawal of allotment before the High Court and the matter was referred to the respondents / authorities to be re-decided---Petitioner challenged the impugned order passed by the Respondents / authorities declining the request of the petitioner to retain house-in-question---Respondents / authorities contended that the petitioner was not entitled as the house-in-question was meant for officers of the scale higher than that of the petitioner, for which Ss. 2 to 5, 10 to 12, 17 & 27(d)(ii) of the Punjab Residences allotment Policy, 2021 ('the allotment Policy') were cited in the impugned order---Held, that all the provisions of Punjab Residences allotment Policy, 2021, were irrelevant in the present case as the petitioner was allotted accommodation on her turn after observing all codal formalities while she was in service residing in house-in-question and paying the house rent along with utility bills regularly, therefore, her allotment could not be withdrawn in casual manner on the single ground that previous allottee (respondent) had been transferred back, particularly in absence of any specific provision in the allotment Policy---Respondents/authorities failed to show to the Court any document approved by the competent authority chalking-out entitlement of the government servants to various categories and classes of accommodation and instead produced only a site-plan prepared by an architect showing elevation and sections of buildings (government accommodations) which (site-plan) was not sufficient for proper allotment of government owned accommodation---Such inherent defect / flaw in the allotment policy gave unbridled discretion to respondents /authorities to make allotments at their whims and wishes, facilitating (certain) government servants in getting undue benefits---High Court deprecated such lacuna in allotment policy and directed the respondents / authorities to take steps for necessary legislation / amendments in allotment policy, for smooth allotment of residential accommodation to government servants at various stations---High Court set-aside the impugned order declaring the same as illegal and without lawful authority and directed the respondents/authorities that present accommodation of the petitioner be retained---Constitutional petition was allowed, in circumstances.

AROOJ ASGHAR vs GOVERNMENT OF PUNJAB through Chief Secretary Ss — 2024 PLC(CS) 222 LAHORE-HIGH-COURT-LAHORE

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