1. ' MUHAMMAD NAWAZ ABBASI, J. --The respondent namely, A.R.P. Memon, civil servant (since retired) was in occupation of official accommodation which was allotted to him from the pool of residential houses maintained by the Estate Office, Government of Pakistan, Islamabad. The respondent applied through the Minister concerned for self-hiring of the house owned by his wife situated on the main park road in the area of Chak Shehzad, Islamabad. The request of the respondent was allowed but later the implementation of the order was, held in abeyance with the objection that the respondent was not entitled to avail the benefit of self-hiring under the existing policy. The respondent filed a Constitution Petition bearing No, 1743 of 2000 in the Lahore High Court, Rawalpindi Bench, Rawalpindi and a learned Single Judge in Chambers allowed the same vide judgment, dated 23-5-2001 with the following observations:-- "10. Consequently, this Court would direct the Ministry of Housing and Works, Islamabad to give, effect to the orders passed by its Minister allowing self-hiring to the petitioner of the house under reference while following the Pakistan Allocation Rules, 1993. The writ petition is. Therefore, accepted with no order as to costs."
2. ' The Federal Government through Ministry of Housing and Works, Government of Pakistan, Islamabad and the Estate Officer, petitioners herein, have sought leave to appeal, against the judgment of the High Court through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan (1973).
3. ' Learned Deputy Attorney-General (D.A.-G) has submitted that self-hiring of house under Pakistan Allocation Rules, 1993 is a privilege which cannot be claimed as of right and further the permission of self-hiring of the house granted to the respondent by the Minister being in conflict to the policy on the subject was not given effect as the house was located out of territorial jurisdiction of Model Village Chak Shehzad/urban area. The learned Deputy Attorney-General has informed the Court that the respondent has since been retired and after retirement, he was no more entitled to avail the benefit of self-hiring under rule 10 of Pakistan Allocation Rules, 1993.
4. ' The respondent having entered appearance, is present in person in Court. He has submitted that no doubt under the Rules, requisition of a house on self-hiring basis is not possible for a retired Government servant but in his case the order of self-hiring was passed by the minister in July, 1999 when he was holding the charge of Director-General in the Ministry of Petroleum and Natural Resources, Islamabad and further at the time of disposal of writ petition, he was still in service and thus his retirement pending implement of the order neither would change the legal position nor affect his right of self-hiring as under rule 10 of the said Rules, he would be entitle4 to retain the official accommodation for a period of six months from the date of retirement. Rules 10 and 16(2) of Pakistan Allocation Rules, 1993, provide as under:-- Rule 10: "Self-hiring.---(1) If a F.G.S. Who is otherwise eligible for allotment of Government accommodation under these rules,. From the Estate Office's pool of residential houses maintained at the station of his posting, owns a house or his spouse or one or more members of his family own a house at such station, he may be allowed to live in such house as if that house was on the Estate Office pool add had been allotted to him as his official residence.
(2) Where a, F.G.S. Is allowed to live in his own or family member's house under sub-rule (1), the house rent payable to him shall be restricted to the maximum rent of class of his entitlement or the assessed or computed rent of the house, whichever is less."
5. Rule 16(2): "(2) In the event of dismissal, removal, resignation, transfer or retirement, other than voluntary retirement under sub-rule (3), the allottee shall be entitled to retain the accommodation, including accommodation occupied on self-hiring basis under rule 10, for a period not exceeding six months, on payment of normal rent;"
6. The examination of above rules would show that a Federal Government servant who is eligible for allotment of Government accommodation from the pool of residential houses, if he or his spouse or any other member of his family owns a house he can be allowed to live in such a .House on self- hiring basis and such a Government servant on retirement can retain the accommodation in his possession for a period not exceeding six months on payment of normal rent.
7. ' The concession of self-hiring provided to the Government servants under rule 10 ibid can be availed by a person while in service but there is no rule to extend such concession to a retired civil servant. The permission given to the respondent of self-hiring of house owned by his wife if would, have been given effect, he would have definitely been entitled to retain the said accommodation for a period of six months after retirement.
8. ' The permission of occupying the house on self-hiring basis given to the respondent for one or the other reason could not be implemented and further no such facility can be allowed to him after retirement, therefore, notwithstanding the order of self-hiring passed in favour of respondent at the time when he was in service, the same with the passage of time having lost its efficacy and lapsed no more be given effect in the changed situation. We therefore, without going into question of the legality of impugned judgment, hold that the respondent after retirement was not entitled to avail the facility of self-hiring under the rules and the judgment impugned in this petition having no consequence would become infructuous.
9. ' For the foregoing reasons, we while converting this petition into an appeal allow the same and set aside the impugned judgment. There will be nor order as to the costs.