MUHAMMAD YOUSAF MALIK Versus WAPDA
This matter arises from a petition concerning the entitlement of the petitioner to a revised house rent ceiling of Rs. 4,920 from WAPDA, having previously hired a house at Rs. 4,100. The Service Tribunal had dismissed the petitioner's appeal regarding immediate applicability, observing that the increase would apply after the expiry of the existing lease deed on 31-1-1997. The petitioner contended that WAPDA failed to pay the enhanced rent from the said date. The core legal question involved the enforcement of the Tribunal's direction regarding the effective date of the enhanced house rent ceiling. The Supreme Court of Pakistan held that WAPDA was bound to pay the enhanced rent effective from 31-1-1997 as directed by the Tribunal, rejecting WAPDA's excuse that the pendency of the petition prevented payment. The Court accordingly directed WAPDA to clear the payment within three weeks, laying down the principle that adjudicated financial benefits under a lease and rent ceiling revision must be disbursed in accordance with the binding timelines of the forum.
- Whether an employee is entitled to a revised house rent ceiling upon the expiry of an existing lease deed?
- Can an authority withhold enhanced rent payments due under a Tribunal's order on the ground of a pending petition before the Supreme Court?
ORDER
We have heard the learned counsel for the parties. The dispute here in relates to grant of house rent ceiling of Rs.4,920. The petitioner hired a house at the rate of Rs.4,100. The rate was revised by WAPDA. The case of the petitioner before the Tribunal was that he was entitled to Rs.4,920. The Tribunal dismissed the appeal on the ground that the revised rate was applicable to fresh hiring. However, the petition was dismissed with the observation that the increase will be applicable after expiry of existing lease deed i.e. from 31-1-1997.
2. The petitioner states that enhanced rent has not been given to the petitioner w.e.f. 31-1-1997 by WAPDA in terms of the direction of the Tribunal.
3. When faced with this, Mr. Tanvir Ahmed, Advocate-on-Record submits that the enhanced rent could not be given to the petitioner because of the petition filed by the petitioner before this Court.
In the circumstances, we direct WAPDA to pay enhanced rent at the rate of Rs:4,920 to the petitioner w.e.f. 31-1-1997 instead of 29-12-1997 i.e. the date on which the payment of such increase in the rent became due within P 3 weeks from today under intimation to the Assistant Registrar of this Court.
With the above observation, the petition is disposed of.
Q.M.H./M.A.K%M-19/S Order accordingly.
Cited by 1 case
- SHAHID ALI and 12 others vs ADMINISTRATOR, DISTRICT COUNCIL, LARKANA 2002 PLC (C.S.) 655