SAFDAR ALI MALIK vs THE ESTATE OFFICER, GOVERNMENT OF PAKISTAN, ISLAMABAD and others
This is an appeal with leave of the Court against the judgment of the Lahore High Court dismissing the appellant's writ petition regarding the cancellation of the allotment of a government quarter on the ground that the matter pertained to terms and conditions of service and the remedy lay before the Service Tribunal. Leave to appeal was granted to examine whether such allotment constituted a term of service in light of prior jurisprudence. During the proceedings, it was brought to the attention of the Court that the appellant had subsequently been allotted a new quarter, a fact acknowledged by the appellant through an occupation report and a subsequent letter to the Estate Officer, though the appellant claimed he was made to sign the documents under pressure and had not yet occupied the premises. The Supreme Court held that the appellant may occupy the newly allotted quarter if he had not already done so, but concluded that the appeal had lost its significance and consequently dismissed it as having become infructuous.
- Whether the allotment of residential quarters by the government to civil servants constitutes a term and condition of service?
- What is the effect on an appeal when the grievance regarding the subject matter has been redressed through a subsequent allotment during the pendency of the proceedings?
ORDER
' AJMAL MIAN, J.---This is an appeal with the leave of this Court against the judgment dated 29-11- 1993 of a learned Single Judge of the Lahore High Court passed in Writ Petition No,475 of 1990 filed by the appellant against the cancellation of allotment of quarter No,259-E, G-6/2, Islamabad, which was allotted to him as a civil servant, dismissing the same on the ground that "he is a civil servant and is aggrieved of alleged violation of terms and conditions of service, therefore, his remedy is before the relevant Service Tribunal " Leave to appeal was granted to consider, whether in view of the judgment of this Court in the case of Amir-ur-Rahman Khan and another v. Pakistan through Secretary, Ministry of Works, Works Division and another (1989 SCM R 1948) (in which it has been held that the allotment of quarter/houses by the Government to civil servants is not a term of service), the impugned judgment of the High Court was in consonance with law.
2. It appears that after the grant of the above leave, the appellant has been allotted quarter No,252-E, G-6/2, Islamabad, which fact the appellant acknowledges by the occupation report dated 1-2-1995. He further acknowledges the above fact through his letter dated 6-3-1995 addressed to the Estate Officer requesting him for permission to allow the previous allottee without any monetary gain to share the above newly allotted quarter for the next 3/4 months. The photostat copies of the above documents have been produced by the department, the original of which have been shown in the Court.
3. The appellant admitted the above documents but stated that he was made to sign the above certificate and the aforesaid letter. According to him, he has not yet occupied the newly allotted quarter.
4. It will suffice to observe that if the appellant has not occupied the above newly allotted quarter, he may do so now. However, the present appeal has lost its significance. It is, therefore, dismissed as having become infructuous.