Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018

Citation Name : 2019 SCMR 659 SUPREME-COURT
Side Appellant : RIFFAT SHAHEEN
Side Opponent : GOVERNMENT OF KHYBER PAKHTUNKHWA
S. 7---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018, Rr. 11 & 37---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2015, R. 7 [since repealed]---Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980, R. 4 [since repealed]---Allotment of Government accommodation---Right of spouse to retain government accommodation allotted to husband after his retirement---Petitioner, who was employed as a PTC teacher resided with her husband in a government accommodation---Husband was working as an Assistant Director in a Provincial training institute---Upon retirement of husband, a grace period of six months was allowed, where after, the Provincial Government issued a vacation notice to the petitioner and her husband---Petitioner applied for transfer of the accommodation in her name under R. 4 of the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980---Said request was not acceded to---In the meantime, Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, 2018 was promulgated which repealed and substituted the previous Rules---Consequently, the petitioner's application was not accepted which prompted her to approach the High Court in its constitutional jurisdiction---Said constitutional petition was also dismissed---Petitioner contended that under the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980, a vested right had accrued in her favour which could not be taken away through a subsequent change in law/rules---Held, that the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 1980 ('Rules of 1980') as well as the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2015 ('Rules of 2015') were repealed by the Residential Accommodation at Peshawar (Procedure for Allotment) Rules, 2018 ('Rules of 2018')---Rules of 2018 specifically provided that the Rules of 1980 and 2015 stood repealed except to the extent as were not inconsistent or in conflict with the Khyber Pakhtunkhwa Buildings (Management, Control and Allotment) Act, 2018 ('the Act') and the Rules of 2018---Rules of 2015 did not provide for out of turn allotment to the spouse of a retired civil servant---Further, the Act and Rules of 2018 did not provide an automatic benefit to the spouse or children of a deceased or retired civil servant to retain the government accommodation on retirement/demise of the original allottee, however, their rights had been safeguarded by providing a special quota in the available government housing which was based on seniority of applications---List of eligible children and spouses of retired/deceased employees was accordingly maintained by the concerned department---Petitioner would be entitled to allotment of an official accommodation at her own turn and she could not rely upon the Rules of 1980 and or of 2015 in order to advance her claim---Further, she had already retained the government accommodation for a grace period of six months whereafter she and her husband were obliged to vacate the government accommodation and utilize house rent allowance which was paid by the government---Petitioner's name appeared at Sr. No.13 of the waiting list maintained by the Provincial Government for allotment of government accommodation---Petitioner did not have a legitimate right to retain the government accommodation originally allotted to her husband on the basis of 1980 Rules because the same had been repealed, and her case was governed by the Act and the Rules of 2018 and no legally enforceable vested right existed in her favour---Appeal was dismissed accordingly.

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