SUMAIRA NAZIR SIDDIQUI, MEMBER ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD vs MINISTRY OF HOUSING AND WORKS Rr

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SUMAIRA NAZIR SIDDIQUI, MEMBER ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD VS MINISTRY OF HOUSING AND WORKS Rr. 3(4) & 6---Constitution of Pakistan, Art. 199---Constitutional petition---Allocation of government residence---Principle---Re-employment on contract basis---Petitioner was a retired Federal Government Servant who was re-employed on contract basis---Petitioner was aggrieved of letter issued by authorities cancelling her allotment of residence---Validity---Cancellation letter suffered from no infirmity and allotment made to petitioner was rightly cancelled as she was not entitled to the same in view of R.3(4) of Accommodation Allocation Rules, 2002---Federal Government exercised authority in a colorable and arbitrary manner on the basis of extraneous considerations in breach of Accommodation Allocation Rules, 2002, and allotment made to petitioner herself was a manifestation of the same---Federal Government allotted accommodations in breach of R. 6 of Accommodation Allocation Rules, 2002---Federal Government had neither transparently maintained General Waiting Lists for purposes of various categories of accommodations under Accommodation Allocation Rules, 2002 nor had put together a priority list for purposes of R. 6(7) of Accommodation Allocation Rules, 2002, on the basis of which BS-22 officers were to be allotted accommodation---Issuance of subject-to-vacancy allotment letter was illegal as such allotment letters had no basis in law and/or the Accommodation Allocation Rules, 2002---High Court set aside subject-to-vacancy allotment letters as those were meant to obscure priority to be accorded to Federal Government Servants for allotment of accommodation in various categories of accommodation under Accommodation Allocation Rules, 2002---High Court directed Secretary, Ministry of Housing, on behalf of Federal Government to prepare General Waiting Lists after authentication of data of Federal Government Servants placed in General Waiting Lists for various categories and verify veracity of such data against data maintained by NADRA and Establishment Division---High Court directed Secretary Ministry of Housing to put together a priority list for purposes of R.6(7) of Accommodation Allocation Rules, 2002, on the basis of date of entitlement and other criteria prescribed in R.6 Accommodation Allocation Rules, 2002 and to include within such list all officers of BS-22 who were serving in Islamabad in an eligible government department under R.3(1) of Accommodation Allocation Rules, 2002, and were not allotted accommodation in Category Type-I (including those who could have been issued subject-to-vacancy allotment letters)---High Court further directed Federal Government to determine in view of priority list compiled for purposes of R. 6(7) of Accommodation Allocation Rules, 2002, whether respondents qualified to be allotted accommodation, and if they did, their possession of allotted accommodation would not be disturbed; and if there were senior BS-22 officers who were ahead of respondent No.7 or 8 or either of them in the priority list compiled on the basis of criteria prescribed in R.6 Accommodation Allocation Rules, 2002, the allotment letters issued to respondents could be cancelled and vacated accommodation could be allotted to the senior most Federal Government Servants serving in Islamabad in accordance with their entitlement---High Court further directed Federal Government, Secretary Ministry of Housing to place GWLs as well as other priority lists for purposes of R. 6 of Accommodation Allocation Rules, 2002, on the website of the Ministry of Housing in digital format along with a list of accommodations in relation to each category of accommodation reflecting date of vacation for purposes of each accommodation, and that waiting lists and accommodation lists would be made available in a dashboard on the website of the Ministry of Housing, as undertaken by Federal Government, within a period of thirty days and Secretary Establishment Division, Secretary Ministry of Information Technology, Secretary Finance Division and Chairman NADRA shall provide all required assistance for such purpose---Constitutional petition was dismissed accordingly.

SUMAIRA NAZIR SIDDIQUI, MEMBER ANTI-DUMPING APPELLATE TRIBUNAL, ISLAMABAD vs MINISTRY OF HOUSING AND WORKS Rr — 2024 PLC(CS) 704 ISLAMABAD

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