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In Housing Matters, the Government Servants are entitled to be dealt with in a Fair, Reasonable, and Unbiased Manner --- Lahore High Court

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In Housing Matters, the Government Servants are entitled to be dealt with in a Fair, Reasonable, and Unbiased Manner --- Lahore High Court

Islamabad 10-09-2024: In a significant decision, the Lahore High Court, Rawalpindi Bench, quashed several eviction notices served to a senior government officer, Xenia Hamayun Sanik, on deputation abroad. The Court ruled that the notices issued by the Government of Punjab, demanding the officer vacate her official residence, were illegal and without lawful authority.

The Court presided by Mr. Justice Muhammad Sajid Mehmood Sethi delivered the judgment in [Writ Petition No. 2332 of 2024], which was filed by the petitioner, challenging the legality of multiple notices dated from April 19, 2024, to August 8, 2024. The petitioner argued that the notices were issued in violation of the ABAD Houses Allotment Policy, 2013.

The petitioner, represented by Agha Muhammad Ali Khan, Advocate, contended that she was entitled to retain her allotted residence under Clause 14(f) of the ABAD Houses Allotment Policy, 2013, which allows officers on deputation abroad to keep their official residences for up to three years. She argued that her posting as a Public Finance Management Expert under the Foreign Commonwealth Development Office qualifies as deputation abroad, even though she remains within Pakistan.

The government, however, relied on Clause 14(d)(iii) of the same policy, which restricts the retention of official residences to one year for officers transferred out of Punjab. The government claimed that the petitioner had already exceeded the one-year limit, making the eviction notices justified.

In its ruling, the Court found that Clause 14(f), which governs deputation abroad, was the applicable provision in this case. The Court rejected the government’s argument based on Clause 14(d)(iii), which applies to transfers out of Punjab, stating that the petitioner’s appointment under the Foreign Commonwealth Development Office qualified as deputation abroad under the more specific provision.

The Court further underscored that while allotment of government residences is not a matter of right, government employees must be treated fairly and reasonably. In this case, the Court ruled that the petitioner had not been treated in accordance with the applicable provisions of the allotment policy.

Citing the case of Dr. Muhammad Latif v. Government of Punjab (1993 CLC 1645), the Court reiterated the principle that government servants are entitled to be dealt with in a fair, reasonable, and unbiased manner in housing matters.

Concluding the hearing, the Court ruled in favor of the petitioner, declaring the notices to vacate the residence as illegal and without lawful authority. The petition was consequently allowed, with the Court upholding the petitioner’s right to retain her official residence for the full three-year period as per Clause 14(f) of the 2013 Allotment Policy.

This decision is expected to set a precedent for similar cases involving government officers on deputation abroad, reinforcing the principle of applying specific legal provisions over general ones.

This news highlights a significant legal victory for government officers on deputation and underscores the importance of fair application of housing policies.