| Case ID |
f64966ce-c3ef-44be-b1fa-3d9ffa39622a |
| 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 of Pakistan ruled in favor of the Federal Government Employees Housing Foundation, allowing the appeal and setting aside the High Court's decision. The primary issue was whether employees of autonomous/semi-autonomous organizations could be allotted plots from the 75% quota reserved for civil servants. The Court clarified that the eligibility criteria were not based on civil service status but on employment categories, thus affirming that the respondents were only entitled to the 8% quota for employees of such organizations. The decision emphasized the importance of the specific terms outlined in the Housing Scheme's Terms and Conditions, which did not reference civil servants. Consequently, the Court found that the High Court had misinterpreted the relevant paragraphs of the Terms and Conditions, leading to an erroneous judgment. |
| Summary |
This case revolves around the eligibility of employees from autonomous and semi-autonomous government organizations for residential plots under the Islamabad Housing Scheme. The Supreme Court of Pakistan examined the terms of the Housing Scheme, which allocated 75% of plots to employees of Federal Ministries and 8% to those from autonomous organizations. The Court highlighted that the eligibility was based on specific employment categories rather than civil service status. The ruling clarified that respondents employed in various organizations, including Pakistan Broadcasting Corporation and Pakistan Telecommunications Corporation, could only claim plots from the 8% quota. The Court's analysis underscored the need for precise interpretation of the Terms and Conditions, which ultimately led to the annulment of the earlier High Court decision. This case is significant for understanding the nuances of civil service definitions and housing entitlements in Pakistan, making it a crucial reference for similar disputes in the future. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Water and Power Development Authority,
Federal Government Employees Housing Foundation,
National Database and Registration Authority,
Pakistan Broadcasting Corporation,
Pakistan Telecommunications Corporation Limited
|
| 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
|
| Respondents |
SYED GUL SHAH and others
|
| Citations |
2013 SLD 1610,
2013 SCMR 1027
|
| Other Citations |
Pakistan Telecommunication Corporation and another v. Riaz Ahmad and 6 others PLD 1996 SC 222,
Divisional Engineer Phones, Phones Division, Sukkur and another v. Muhammad Shahid and others 1999 PLC (C.S.) 1208,
Federal Government Employees Housing Foundation through Director-General, Islamabad and another v. Muhammad Akram Alizai, Deputy Controller, PBC, Islamabad PLD 2002 SC 1079,
Abdul Rahim v. Pakistan Broadcasting Corporation through Director-General and 8 others 1992 SCMR 1213
|
| Laws Involved |
Civil Servants Act (LXXI of 1973)
|
| Sections |
3,
10
|