SAFDAR ALI MALIK Versus THE ESTATE OFFICER, ESTATE OFFICE, GOVERNMENT OF PAKISTAN, ISLAMABAD and 4 others

This petition for leave to appeal arises from a judgment of the Lahore High Court, which dismissed the petitioner's writ petition challenging the cancellation of his government accommodation allotment. The petitioner, a civil servant, had his allotment of a government quarter cancelled and re-allotted to another party. The High Court dismissed the writ petition on the grounds that the matter concerned the terms and conditions of service of a civil servant, thereby falling within the exclusive jurisdiction of the Service Tribunal. Before the Supreme Court, the petitioner challenged this finding, relying on precedent to argue that the allotment of government housing does not constitute a term or condition of service. The Supreme Court found that the contention raised by the petitioner regarding the nature of government accommodation allotments in relation to service matters required further examination. Consequently, the Court granted leave to appeal to determine whether such disputes are excluded from the jurisdiction of Service Tribunals and remain amenable to writ jurisdiction under the Constitution.