| Case ID |
3d7b8562-0430-4736-b7b1-085f6eb45572 |
| Body |
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| Case Number |
Civil Appeals Nos. 495 to 499, 501, 502 and 754 of |
| Decision Date |
Apr 10, 2013 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeals filed by the Federal Government Employees Housing Foundation, Islamabad, and set aside the decision of the Islamabad High Court which had allowed the constitutional petitions filed by the employees of various autonomous/semi-autonomous Government Organizations and Public Sector Corporations. The Court ruled that these employees were only eligible for the 8% quota of plots as per the Terms and Conditions of the Islamabad Housing Scheme Phase-IV and not the 75% quota reserved for civil servants. The Court concluded that the eligibility criteria were based on the employer's designation rather than the civil servant status of the applicants. |
| Summary |
This case revolves around the eligibility of employees from various autonomous and semi-autonomous government organizations in Pakistan for allotment of residential plots under the Islamabad Housing Scheme Phase-IV. The central issue was whether these employees qualified for the 75% quota reserved for civil servants or the 8% quota designated for employees of autonomous organizations. The Supreme Court concluded that the eligibility criteria were not contingent upon the civil servant status but rather on the type of organization the employees worked for. Consequently, the Court set aside the Islamabad High Court's ruling that favored the employees' claims to the 75% quota, emphasizing that the employees were only entitled to the 8% quota based on their employment status. This ruling clarifies the distinction in eligibility criteria and reinforces the importance of adhering to the Terms and Conditions outlined in the housing scheme. Keywords such as 'housing scheme', 'civil servants', 'government employees', and 'Supreme Court ruling' are significant in this context. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority,
National Database and Registration Authority,
Pakistan Broadcasting Corporation,
Pakistan Telecommunications Corporation Limited,
Federal Government Employees Housing Foundation, Islamabad
|
| Judges |
NASIR-UL-MULK,
ASIF SAEED KHAN KHOSA,
IJAZ AHMED CHAUDHRY
|
| Lawyers |
Abdur Rehman Siddiqui, Advocate Supreme Court,
Arshad Ali Ch., Advocate-on-Record,
Abdul Rahim Bhatti, Advocate Supreme Court,
M.S. Khattak, Advocate-on-Record,
Mehmood A. Sheikh, Advocate-on-Record
|
| Petitioners |
FEDERAL GOVERNMENT EMPLOYEES HOUSING FOUNDATION, ISLAMABAD through Director-General and anothers
|
| Respondents |
Syed GUL SHAH and others
|
| Citations |
2013 SLD 1602,
2013 SCMR 896
|
| Other Citations |
PLD 1996 SC 222,
1999 PLC (C.S.) 1208,
PLD 2002 SC 1079,
1992 SCMR 1213
|
| Laws Involved |
Civil Servants Act (LXXI of 1973)
|
| Sections |
3,
10
|