C.M. No.1143/2021 This is an application for placing additional documents on record. Allowed, subject to all just and legal exceptions.
C.M. No.1144/2021 Exemption sought for is allowed subject to all just and legal exceptions.
MAIN CASE Through the instant civil revision petition, the petitioner, Tahir Mehmood, impugns the judgment dated 09.09.2021 passed by the Court of the learned Additional District Judge, Islamabad, whereby the petitioner's appeal against the order dated 02.12.2020 passed by the Court of the learned Civil Judge, Islamabad, was dismissed. Vide the said order dated 02.12.2020, the learned Civil Court dismissed the petitioner's application for interim injunction filed along with his suit for declaration, mandatory and permanent injunction.
2. The petitioner's father, Maqsood ur Rehman, died on 21.10.2017 while serving as a Driver in IESCO. On 01.07.2000, he had been allotted official accommodation (i.e., Quarter No.98-B, G-7/4, Islamabad). On 04.06.2018, the petitioner was appointed in IESCO as a Driver on contract basis for a period of two years. The said appointment was on the basis of the quota for the children / widow of the deceased employees who die during service. Vide office order dated 22.03.2021 issued by IESCO, the petitioner's services were regularized. The petitioner's name is at serial No.169 of the said office order.
3. The petitioner has not been allotted official accommodation at any material stage. He had filed a suit through which he sought a declaration to the effect that he was entitled to be allotted the official accommodation that had earlier been allotted to his deceased father. In paragraph 5 of the suit, it was pleaded that the petitioner was entitled to retain the said official accommodation on the basis of Rule 15(2)(b) of the Accommodation Allocation Rules, 2002 ("A.A.R., 2002"). The learned Courts below concurrently dismissed the petitioner's application for interim injunction on the ground that the provisions of the A.A.R., 2002 were not applicable to the official accommodation under the control of IESCO.
4. Learned counsel for the petitioner was time and again asked to refer to the policy of IESCO regarding allotment of official accommodation, but he failed to do so. He, however, admitted that the petitioner had not applied for his name to be placed in the general waiting list for allotment of official accommodation. The petitioner's desire to retain the official accommodation allotted to his father is not based on any provision of the Prime Minister's Assistance Package for the families of the deceased employees who die during serving. There is no pleading to the said effect in the suit.
5. Learned counsel for the petitioner also did not bring on record any document to show that IESCO had adopted the provisions of A.A.R., 2002.
6. In view of the above, I have no reason to interfere with the concurrent judgments / orders passed by the learned Courts below. Consequently, the instant petition is dismissed in limine .