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| September 18, 2003 | Thursday | Rajab 20, 1424 |
Renting houses in rural areas of twin cities allowed: SC upholds LHC decision
ISLAMABAD, Sept 17: The Supreme Court on Wednesday upheld the decision of the Lahore High Court in which it had allowed the hiring of houses by the federal government employees in the rural areas of Rawalpindi and Islamabad.
The Supreme Court bench, which took the decision, was headed by Chief Justice Munir A. Sheikh.
The government had banned the hiring of residential accommodations in the rural areas of Rawalpindi and Islamabad with effect from April 8, 1996.
The competent authority then decided that the houses in the rural areas where the lease agreement had been signed should be de hired immediately after giving one-month notice and the houses where permission for occupation in the rural area had been issued, should be cancelled immediately.
The aggrieved persons approached the LHC and contended that under Rule 10 of the Pakistan Allocation Rules, 1993, the petitioner employees were entitled to live in houses owned by them or their spouses or some members of their families at the station of their posting and such house shall be treated as part of the Estate Office and to be allotted to the employee as official residences.
In such situation, the rent payable to be restricted to the maximum rent of class of his entitlement.
The government argued that the house could be hired only in specified stations and areas.
Justice Maulvi Anwarul Haq of the Lahore High Court had observed that the contention of the government was meaningless.
He said it would mean that hiring a house in a posh urban area for an employee according to his rental ceiling, it would be unlawful to hire accommodation in a rural area for an employee in accordance with his ceiling.
“This is but injustice and cannot be allowed to perpetuated.”
The federal government came into appeal before the SC which was dismissed on Wednesday.
The petitioners were represented by Chaudhry Afrasiab advocate and the government was represented by deputy attorney general Hafiz S.A Rehman.
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