' UMAR ATA BANDIAL, C J.---This petition disputes the order dated 26-7-2007 passed by the scrutiny committee for allotment of plots, inter alia, to destitute families pursuant to Allotment Policy of the Provincial Government dated 23-12-1986 ("Policy"). In the present case, the petitioner is the son of a government servant who died in service. He along with his mother were successful drawees in the balloting for allotment of 10-Marla plots to destitute families. The impugned decision holds that only one member of a destitute family is eligible for allotment of plot under the said policy and consequently such plot was given to the petitioner's mother, Mst. Akhtar Rafiq. Presently, the petitioner/successful drawee seeks the impugned order to be set aside to affirm allotment of plot from destitute quota to the petitioner who is orphan son of a government servant. The said claim had gone up to the Provincial Ombudsman who passed the order dated 8-9-2006 noticing that there is no bar on eligibility of different members of a destitute family from being allotted plots from the destitute quota simultaneously. This finding was given on the basis of para 8 of the aforementioned policy which sets out the cases that are ineligible for allotment. Based on that finding the Provincial Ombudsman referred the matter back to the scrutiny committee for considering the case of the petitioner for allotment of a plot.
3. Learned Addl. A.G. Submits that the impugned order was passed after reading of the recommendation made by the Provincial Ombudsman. It is' based on another provision of the policy, namely, clause 4, which provides as under:- "Maximum of one plot will be allotted to a Government Servant. In case the wife or dependent children have a residential plot, the husband/father will not be eligibly for allotment of plot and vice versa. The entitlement for plots will be as follows:-- a. Below BPS-16 Less than 10-Marlas b. BPS 16-17 10-Marlas c. BPS 18 and above 01-Kanal.
4. On the strength of the foregoing provision, learned Addl. A.G. Submits that allotment of a plot to one family member of a government servant whether spouse or dependent children deprives other spouse as well as dependent children of the same family from seeking second allotment. He submits that the said condition underlies allotment policy and is not a condition of eligibility but a condition of disentitlement. In the present case, family of a deceased government servant, namely, Muhammad Saleem was duly accommodated with allotment of plot dated 28-3-2006 in favour of his widow. By that fact the petitioner son of the same deceased government servant became disentitled to second allotment of plot from destitute quota.
5. The submission made by the learned Addl. A.G. Has force because destitute quota contains a certain percentage of plots reserved for widows and orphans of government servants. If the said condition is not applied then quota may be exhausted by multiple allotments to members of a few families. The tenor of the scheme is not to confer a windfall benefit on members of any destitute family but to provide them security of one home in their time of need and hardship.
6. Accordingly, the petition is dismissed.