' CH. MUHAMMAD TARIQ, J.---Learned counsel for the petitioner contends that petitioner was posted as Consultant Pathologist in the District Headquarters Hospital, Hafizabad in the year 2008 and since then the petitioner is performing his duties diligently and efficiently.
2. The petitioner applied for allotment of residence for specialist doctors through application dated 3-3-2010 before respondent No,3, who vide his letter No, Estab/Gen/1440 dated 26-5-2010 addressed to respondent No,1, stating therein "you are requested to offer your comments on the application of said specialist which shall be based on merits within 3 days of proceeding further in the matter".
3. That respondent No,1 vide letter No, 2160-62/DHQ dated 24-5-2010 passed office order stating therein "that specialist cadre residence No,2 is hereby allotted to Dr. Hamid Nawaz Khokhar, consultant pathologist of this hospital on his request vide application dated 20-5-2010 subject to vacation of residence of Dr. Faran Mehmood Orthopedic Surgeon of this hospital proceeded on 90 days Ex-Pakistan leave".
4. That after passing the above order, respondents Nos.1 and 2 have taken forcible possession of the above said house which is not recognized under the law, therefore, order dated 10-7-2010 be declared illegal, null and void and respondent No,1 be directed to hand over vacant possession of the above said residence to the petitioner.
5. Arguments heard. Record perused.
6. The petitioner has admitted that he proceeded on Ex-Pakistan leave and the Government residence in question has got vacated and possession has been taken by the competent authority.
7. Record further reveals that the residence in question has already been allotted to Dr. Zakia Anwar, Gynecologist of this hospital.
8. Allotment orders specifically showed that allotment of residence in favour of petitioner was on temporary basis who has proceeded to abroad on Ex-Pakistan leave and the house was got vacated after notice which was further allotted to a needy person. Record further reveals that the residence in question was got vacated after service of notice.
9. The prayer of the petitioner that writ petition be accepted and office order passed by respondent No,1 dated 10-7-2010 be set aside and respondent No,1 be directed to hand over vacant possession of the above said residence to the petitioner is not open to challenge in writ jurisdiction of this Court. Relied on the law laid down in case Pir Ghulam v. Province of Balochistan 1981 SCM R 876, the writ petition is devoid of any merit, hence dismissed in limine.