IHC seeks 10 Type-I official houses for its judges

ISLAMABAD: The Islamabad High Court (IHC) has approached the government for the allotment of 10 state-owned Category Type-I houses against the sanctioned strength of the IHC judges.

Presently the IHC has eight judges. Although the government has assured the IHC that it will allot 10 Category Type-I houses for the IHC judges, an official source raised the question if any judge who has his own or family house in the twin cities can also be allotted government accommodation.

The source pointed out that under Accommodation Allocation Rules 2002, a government servant who owns a house in his own name or in the name of his spouse or dependent children, at the station of his posting shall not be allowed government accommodation and shall be allowed self-hiring of the house.

These rules say that a government servant shall at the time of allotment submit an affidavit, that he does not own a house in his own name or in the name of any of the members of his family and if it is established that a government servant has a house in the name of anyone of the above at the station of posting, his allotment shall be cancelled.

The source, however, explained that the allotment of official accommodation to IHC judges was being dealt with under the Accommodation Allocation Rules 2002. But now as per the IHC order, it will be done under Presidential Order and, therefore, the names of judges will also not appear in the General Waiting List (GWL) of those who had applied for the official accommodation.

According to a letter, dated Sep 8, 2023, of the Ministry of Housing and Works, written to IHC Registrar, an IHC judge in an order dated September 1 had directed Secretary Housing and Works to initiate appropriate correspondence with the IHC Registrar to intimate how provision of accommodation to judges will be dealt with by the federal government in accordance with the Presidential Order and let him file with the court a revised list of allottees in Category Type-I maintained under the rules excluding accommodation made available and to be made available to judges pursuant to the Presidential Order.

The IHC Registrar was told, “Secretary, H&W is pleased to inform that allotments to the Hon’able Judges of Islamabad High Court will be dealt with under the High Court Judges (Leave, Pension & Privileges) Order, 1997 read together with the Fifth Schedule of the Constitution and not under Accommodation Allocation Rules, 2002, as also advised by M/o Law and Justice vide O.M. dated 20th March, 2023. Moreover, the names of Hon’able Judges will not reflect in GWL and their names will be removed from the list of allottees maintained under the rules.

On 12th September, the IHC Registrar wrote to Secretary Housing, “I am directed to inform that the Hon’ble Judges are entitled to Government Accommodation as per Presidential Order 3 of 1997. It is noteworthy that the Ministry of Housing & Works has provided 06 residences which are being availed by the Hon’ble Judges of the Court.”

It added, “The sanctioned strength of the Judges of this Court is 10. In order to extend the facility of Government Accommodation to all the Hon’ble judges it is essential that 04 more residences may be earmarked for allotment as per Presidential Order 3 of 1997.”

On 14th September, the Housing Ministry responded to the Registrar IHC with an assurance that the Ministry shall allot first four Type-I houses becoming available to the honourable judges of the IHC.