1. ' MRS. SYEDA TAHIRA SAFDAR, J.--- The petitioner, being aggrieved of order dated 10-2-2011 of Chairman, House Allotment Committee/Secretary, S&GAD, Government of Balochistan, whereby approval has been granted in favour of Abdul Sattar Khajak (respondent No,3) for retention of flat No,C-3 (New), Wandat Colony, Quetta, for a further period of one year w.e.f, 8-2-2011 to 7-2-2012, preferred instant petition thereby sought declaration to the effect, that the mentioned Notification be declared as illegal, while respondent No,3 be directed to hand over vacant possession of house in question to her (petitioner). It is contention of the petitioner, that the house in question was allotted in her favour through order dated 25-5-2010, but through order dated 14-10-2010 the respondent No,3 was allowed by the official respondents to retain house in question for a period of six months, after his retirement, w.e.f, 7-8-2010 to 7-2-2011. But after expiry of said period despite her efforts, the house allotted in her name was not handed over to her. Rather, through order dated 10- 2-2011, the retention period was extended in favour of respondent No,3, for a further period of one year. It is her (petitioner) contention that the order is made in violation of Rules and Regulations, while she being lawful allottee, thus entitled for possession of the same. She has prayed accordingly.
2. ' Learned counsel for the petitioner contended that as per relevant Rules no further extension can be given to a Government Servant already retired from services, as such there is misexercise of powers by respondent No,
1. He further contended, that as the house in question has already been allotted in favour of the petitioner, therefore, she is entitled for having vacant possession of the same. The petitioner is claiming her right on basis of order dated 25-5-2010, while she. Is aggrieved of order dated 10-2-2011. From perusal of documents placed on record, it is apparent, that through order dated 25-5-2010 house in question was cancelled from the name of respondent No,3, while allotted to the petitioner subject to vacation, with immediate effect. Thereafter, through order dated 14-10-2010 the Chairman House Allotment Committee while exercising powers under Rule- 11(3) of the Residential Accommodation at Quetta (Procedure for Allotment) Rules, 2009, accorded approval for retention of house in question, for six months, in favour of respondent No,3. While, thereafter, through order dated 10-2-2011, the period for retention was further extended for one year, in favour of respondent No,3, by the Chairman House Allotment Committee. It is to be noted, that the relevant Rules in the matter are the "Residential Accommodation at Quetta (Procedure for Allotment) Rules, 2009". Thus the government accommodations are to be allotted to the Government Servants, keeping in view the provisions contained therein. In present case Rule-6 sub-Rule (4) of the Rules 2009 is relevant, which states as under:--- "Rule-6 (4).--- Appeal against the order of the Chairman may be made to the House Allotment Committee which may, after due consideration, pass such order as it ,may deem fit."
3. ' In view of above quoted Rule, an alternate remedy is available to the aggrieved civil servant, under the Rules. Thus in the circumstances, the petitioner was required to avail the same before approaching this court through instant petition. Under provisions of Rules 2009, an appeal is to be preferred to the House Allotment Committee, against an order made by the Chairman, who has to pass an appropriate order thereon. But in the present case, though the petitioner is aggrieved of the order of the Chairman, but she failed to approach the forum available to her for redressal of her grievance. Rather, she may have approach House Allotment Committee by way of filing appeal, which will be a legal course. Thus, in the circumstances, as an alternate remedy is available to the petitioner, therefore, no order can be made in exercise of extraordinary jurisdiction.
4. The petition, being not maintainable, is hereby dismissed in limine.