AJK Allocation (Accommodation) Rules 1981

Rule 6-A (3) — powers of Chief Executive — As in favour of the appellant while carrying out the directions of the worthy Prime Minister the house was allotted on 22.9.2015, whereas according to respondent’s own stated facts in his favour the worthy Prime Minister issued allotment order on 12.10.2015, thus, it is clear that the worthy Prime Minister’s direction issued in favour of respondent shall not operate retrospectively rather it will operate prospectively. The worthy Prime Minister while issuing allotment order in favour of the respondent has not recalled his previous approval of allotment accorded in favour of the appellant. Farooq Mir v. Naveed Ahmed & 5 others 2016 SCR 1462 (A)
Preference of allotment — As none has approached the Court for allotment of the house on the basis of regularly maintained list for allotment of official accommodation, therefore, for application of the Prime Minister’s extraordinary powers of allotment of accommodation, the principle of first come first served” as recognized under the rules has to be applied in the instant case. The order of the Prime Minister for allotment of the house issued firstly has to be given preference over the other issued later. Farooq Mir v. Naveed Ahmed & 5 others 2016 SCR 1462 (B)
Sub-rule(3) of rule 6 — Powers of Chief Executive to overside all rules — Such discretionary powers referable to S.22 of the Civil Servants Act and have to be exercised to advance the ends of justice and equity — Sub rule (3) authorises the P.M. to order out of turn allotment but in the same category. Abdul Hamid v. Azad Govt. and 2 others 1997 SCR 96 (F)
R. 6-A (3) 22 — Government servant to whom a residence is being allotted out of turn must be a Govt. servant whose name appears in the waiting list — House allotted must be of the category to which the Govt. servant is entitled — The Govt. servant who owns a house at the place of his posting shall not be entitled to Govt. accommodation. Abdul Hamid v. Azad Govt. and 2 others 1997 SCR 96 (H)
—Rule 6-A—Allotment of Government accommodation— principle—allotment on basis of first come first served—Rule 6-A, of the AJK Allocation (Accommodation) Rules, 1981, reveals that the allotment of official accommodation will be made on the principle of first come first served and the priority will be based on the date of receipt of application in the Estate Office in the respective category. M. Saleem Khan v. Allotment Committee 2018 SCR 231 (B)
—Rule 6-A—eligibility for allotment—eligibility for allotment of accommodation of higher category and also for previous category—Rule 6-A—provides that if a Government servant becomes eligible for a higher category during the time, he is on the waiting list , he will be given position on the list of the requisite category, on his application from the date of his eligibility, however, his name would continue in the previous category and if any house becomes available in the previous category, it will be allotted to such employee/official, if his turn comes so. M. Saleem Khan v. Allotment Committee 2018 SCR 231 (C)
—Allotment of Government accommodation—category wise allotment, on basis of scale—Category C-4 for employees of scale B-11 to B-15, and category C-5 for employees of scale B-5 to B-10—when the appellant opted to get his name entered in seniority list of accommodation B-5 to B-10, and deleted his name from list reserved for B-11 to B-15, for which Category C-4 is reserved then he cannot be allowed to turn round and claim for allotment of the house reserved for the employees of grade B-11 to B-15. M. Saleem Khan v. Allotment Committee 2018 SCR 231 (D)
Allotments have to be made by the Allotment Committee after following the prescribed procedure — Secretary Services not competent to make the allotment — Allotment by Secretary Services without jurisdiction, void ab initio. Abdul Hamid v. Azad Govt. and 2 others 1997 SCR 96 (A)
—Allotment of Government accommodation— on basis of living/possession—law does not recognise such—argument: the appellant deserves for the allotment of house, as he was already in its possession since 2009, when the same was allotted to his cousin. Since then he is living with him. We are afraid, no such right can be claimed in the absence of a valid allotment order. Argument repelled. M. Saleem Khan v. Allotment Committee 2018 SCR 231 (A)
Category ‘A’ house can only be allotted to an officer who is in B-20 or above who is in waiting list — Secretary Services not only exercised powers which were not vested in him but also infringed all the relevant legal provisions. Abdul Hamid v. Azad Govt. and 2 others 1997 SCR 96 (B)