AMINURRAHMAN KHAN and another vs PAKISTAN through Secretary, Ministry
This matter arises from a petition for leave to appeal against the order of the Federal Service Tribunal, which dismissed the petitioners' appeal as incompetent. The core legal question is whether the allotment of government quarters or houses falls within the terms and conditions of service of civil servants so as to attract the jurisdiction of the Service Tribunal. The Supreme Court held that the finding of the Service Tribunal regarding the incompetency of the appeal is unexceptionable, as the allotment of quarters and houses is not a matter relating to the terms and conditions of service of civil servants. The petition was accordingly dismissed, with the petitioners being granted a grace period of two months to vacate and hand over possession of the quarter. The key principle laid down is that disputes regarding government accommodation allotment do not constitute terms and conditions of service for the purpose of invoking the jurisdiction of a service tribunal.
- Whether the allotment of quarters and houses is included in the terms and conditions of service of civil servants?
- Does the Federal Service Tribunal have jurisdiction to hear appeals relating to the allotment of government accommodation?
ORDER
' ALI HUSSAIN QAZILBASH, J.--This petition for leave to appeal arises from the order of the Federal Service Tribunal, dated 124-1989.
2. Petitioners 1 and 2 are father and son. Petitioner No,1 was Deputy Secretary in the Federal Government and retired in January, 1984. During his service, petitioner No,1 was allotted Quarter No,28/3-F,F-6/4, Islamabad. Petitioner No,2 has also resided with his father in the same quarter. On the retirement of petitioner No,1, the Estate Officer asked him to vacate the quarter because after retirement he was not entitled to retain the same. The efforts of petitioner No,2 to retain quarter No,28/3-F met with no success. He was allotted a flat by the Estate Officer, bearing No,23/8-D in Sector G-10/3, Islamabad, according to his entitlement. The petitioners challeged the order of the Estate Officer by way of an appeal before the Federal Service Tribunal, Islamabad, which was dismissed as per the impugned order holding the appeal to be incompetent.
3. We have heard the petitioner in person and have gone through the order of the Federal Service Tribunal and are of the view that the finding of the Service Tribunal about the incompetency of the appeal is unexceptionable because the allotment of quarters/houses is not included in the terms and conditions of service of civil servants. The petition is thus dismissed.
4. The petitioners are, however, allowed two months time from today to vacate and hand over the vacant possession of the quarter to the authorities concerned.
Cited by 4 cases
- Mrs. FARZANA FARRUKH and others vs ADMINISTRATOR, PAKISTAN DEFENCE 2017 YLR 1275
- FEDERAL GOVERNMENT EMPLOYEES' HOUSING FOUNDATION Versus MUHAMMAD AKRAM ALIZAI, DEPUTY CONTROLLER, PBC, ISLAMABAD 2002 PLC(CS) 1655
- AMEER HAMZA vs CHAIRMAN, RAILWAYS BOARD and others 1999 MLD 2346
- 1993 PTD 1622 1993 PTD 1622