Page |1

BEFORE THE HONOURABLE ISLAMABAD HIGH

COURT, ISLAMABAD
(ICA No. _____ / 2022)

Sumaira Manzoor, daughter of Manzoor Ahmed (deceased), R/o Mouza Pabbar Wala, Post
Office Rajoa, Tehsil and District Chiniot.
(……Petitioner)

VERSUS
1. Federation of Pakistan,
Through, Secretary Establishment, Cabinet Division, Islamabad.
2. Secretary, Cabinet Division, Islamabad.
3. Chairman, Federal Board of Revenue (FBR), Islamabad.
4. Chief Commissioner, Regional Tax Office, Multan.
5. Federal Government Employees Housing Authority (FGEHA), Islamabad.
(…. Respondents)

INTRA COURT APPEAL UNDER ARTICLE OF CONSTITUTION OF

THE ISLAMIC REPUBLIC OF PAKISTAN, 1973
Claim in ICA: The Honourable Islamabad High Court, Islamabad vide judgment
dated 01.11.2022 in writ petition No.4519/2018 has ignored the
policy of allotment of land of plot laid down in the Prime
Minister’s Assistance Package 2006 fixed for the deceased
employees but the court has dismissed the writ petition holding
that daughter is not allowed to file her application against the
widow category, which is only meant for petitioner’s mothers
being the widow of Manzoor Ahmed (late) the deceased
employee, however, the mother of petitioner had died on
25.07.2009, whereas, the petitioner filed her application for the
first time on 13.05.2015 before Federal Government Employees
Housing Foundation (FGEHF) through registration membership
drive II, Phase-IX, under quota of widow serving, who is not
eligible under the FGEHF policy as well as per rules; whereas, the
petitioner had applied against 2% quota fixed for deceased
employees and not against the quota fixed for serving federal
government employees. Therefore, this Intra Court Appeal is
filed.
 Page |2

Respectfully Sheweth;

1. That the father of petitioner late Manzoor Ahmed, Ex-UDC (BS-09), Regional Tax
Office, Multan (FBR) was died during service on 25.03.2009.

2. That the mother of the petitioner was died on 25.07.1999 and father got married
with Mst. Khurshid Begum and she has no child with the parentage of the father of the
petitioner. The father of the petitioner left behind the following family dependent upon him;-

S.No Name of the dependent Relationship with the

deceased
1. Mst. Nighat Perveen Daughter
2. Mr. Aamir Shahzad Son
3. Mst. Sumaira Manzoor Daughter
4. Mst. Tahira Daughter
5. Mst. Basra Manzoor Daughter
6. Mst. Khurshid Begum Widow (2nd Wife)

3. That in accordance with the rules pension, gratuity, Group Insurance/Benevolent

Grant and other benefits at proportionate rate of 1/4 th & 3/4th had been paid to Mst. Khurshid
Begum and the petitioner (being guardian of her younger) respectively. After that Mst.
Khurshid Begum (widow) got separation from the children of the deceased and now she lives
alone.

4. That the deceased employees was died during service on 25.03.2009, therefore,
Prime Minister’s assistance package 2006 is applicable in his case. No one of the family
members was aware about the package or its contents, however, it was known on the
introduction of Prime Minister’s assistance package dated 09.02.2015 that according to the
Prime Minister’s Assistance package 2006, the following benefits under the head of allotment
of plot was given;-

a). 2% quota has been fixed for allotment of plot of land for the deceased employee,
however in accordance with Prime Minister’s assistance package 2014 & 2015, Lump
sum grant in lieu of plot is being paid to the family of deceased employees as under;-

Basic Pay scale of the Amount of lump Sum

deceased employee grant
BS-01 to BS-08 2 millions
BS-09 to BS-16 5 millions
BS-17 & above 7 millions
 Page |3

b). The widow will also be eligible to be considered for allotment of plot as per Federal
Government Employees Housing Foundation policy applicable to serving federal
government employees, however, quotas in different category had been fixed vide the
decision of executive committee of the FEGHF on 01.01.2010 (Annex-A) and approved
by the Prime Minister’s 56% quota has been fixed for the serving employees of the
federal government.

5. That the petitioner however obtained copies of the PM’s assistance package, 2006 and
other circulars/notifications of the Establishment Division/FBR and it came to know that all
benefits had been paid except allotment of land of plot to the family of the deceased employee.

6. That in view of above, the petitioner applied for allotment of plot on 13.05.2015 (Annex-
B) against 2% quota fixed for deceased employees under the PM’s Assistance package which
was registered in category V at serial No.14248 and the petitioner also made request for
allotment of plot to the following concerned/relevant offices/authorities;-
i. The Chief Commissioner, RTO, Multan (Annex-C).
ii. The Federal Board of Revenue, Islamabad (Annex-D).
iii. The Federal Minister of Housing & Works, Islamabad (Annex-E).
iv. The Prime Minister of Pakistan, Islamabad (Annex-F).
v. The President of Islamic Republic of Pakistan, Islamabad (Annex-G).

7. That it is on records that none of the above authorities replied to the applications of the
petitioner, therefore, being aggrieved the petitioner filed a complaint against the Chairman
FBR and Chief Commissioner, RTO, Multan to the Wafaqi Mohtasib, Islamabad which was
closed vide judgment dated 01.06.2016 with the observation that claim for allotment of plot
against 2% quota fixed for deceased employees is to be dealt with by the FGEHF, Islamabad,
however, the petitioner filed representation against the judgment to the President of Islamic
Republic of Pakistan which was decided vide Order dated 16.03.2017 (Annex-H) in the
following manner;-

i. The Chairman FBR, Islamabad to direct for an inquiry in the matter and to fix the
responsibility for taken action under the law. The Chairman also to get nominate
Facilitation Officer for the purpose.
ii. The Director General, FGEHF, Islamabad to consider the case for allotment of plot in the
category of hardship and against 2% quota reserved for deceased employees.
iii. The Chairman, FBR, Islamabad and the Director General, FGEHF, Islamabad to take
action in the matter.

8. That the petitioner in the light of above orders made requests to the Chief
Commissioner (RTO) Multan (Annex-I), the Chairman FBR (Annex-J), the DG (FGEHF)
Islamabad (Annex-K) and the Secretary Ministry of Housing & Works Islamabad (Annex-L) but
none of them gave any consideration to the order’s of the President of Islamic Republic of
Pakistan, therefore, the petitioner filed non compliance petition for non implementation under
 Page |4

Article 27 of the Wafaqi Mohtasib (Investigation & Disposal of Complaints) Regulations, 2003
before the Wafaqi Mohtasib, Islamabad. During the course of hearing on 05.04.2018 after
detailed discussion, the Departmental Representative of DG, FEGHF was required to produce
orders of allotment of plot to the deceased employee on the next hearing. However, on the
next hearing on 19.04.2018 as requirement of allotment of plot, the DR of the DG (FEGHF)
requested that the concerned office as per procedure may recommend the case for this
purpose, therefore, the DR of the FBR/RTO, Multan was required to do the needful and the DR
of the FGEHF committed to process the case. The FBR/RTO, Multan vide letter
No.CCIR/RTO/MN/SO(HRM)/2017-18/322/11929 dated 26.04.2018 (Annex-M) recommended
the case to the FGEHF, Islamabad for allotment of plot to the deceased employee against 2%
quota in accordance with the decision of the President of Pakistan. The Wafaqi Mohtasib’s
Secretariat was kind enough to forward the copy of this recommendation to the petitioner vide
letter of even number dated 09.05.2018 (Annex-N).

9. That the Wafaqi Mohtasib, Islamabad vide letter of even number dated 13.06.2018
(Annex-O) issued instructions to the Director General, FGEHF, Islamabad for allotment of plot
but the FGEHF did not take action in the matter regarding allotment of plot to the deceased
employee, therefore, the petitioner filed writ petition No.4519/2018 before the Honourable
Islamabad High Court, Islamabad which was dismissed holding that the petitioner is not
allowed to file her application against the widow category which only meant for petitioner’s
mothers being widow of late Manzoor Ahmed, therefore, the petitioner feels that the facts of
the case had been conceived by the Learned Councils of the Respondents and the
Honourable Court also did not consider the facts, therefore, this Inter Court Appeal is filed on
the following grounds;-

GROUNDS
i. That throughout the correspondence for allotment of plot against 2% quota fixed for deceased
employees made from the date of submission of application with the FGEHF on 13.05.2015
which was processed with the concerned office i.e. Chief Commissioner, Regional Tax Office,
Multan and proceedings initiated for implementation of the order of the President for
allotment of plot by Wafaqi Mohtasib, this period is more than three years of time and no
authority intimated the petitioner or issued any orders that only the widow is eligible to apply
for allotment of plot. Therefore, the petitioner may be in wrong but none of the authorities
gave her any piece of advice in this regard, therefore, there is no fault at the end of the
petitioner to claim allotment of plot.
ii. That in accordance with the Prime Minister’s assistance package for families of federal
government employee who die in service 2006, allotment of plot under category I as per FGEHF
policy against 2% quota was fixed for deceased employee. At the time of death of the deceased
i.e 25.03.2009, family of the deceased comprising of 5 children whose mother was died on
 Page |5

25.07.1999 and a widow namely Mst. Khurshid Begum (2 nd wife of the deceased). Therefore,
the family of the deceased comprised of 06 members and the plot is to be allotted in the name
of the deceased. In the circumstance, stated above and as per law of inheritance based on law
of Sharia, the plot so allotted will be the inheritance of the every member of family having
share in the following ratio;-
Description No of No of No of Total
widow’s Son’s Daughter’s
Family 1 1 4 6
Share in the ratio of 1 2 1 4
Share in the plot 1 2 4 7

In the light of above, no family member is eligible to apply for allotment of plot in
his/her own name, however, family members whether that is widow, son or daughter is
entitled to apply for allotment of plot in the name of the deceased. Therefore, learned counsels
of the respondents have conceived the facts and the Court depending upon them has held that
the only widow is entitled to apply for allotment of plot under Prime Minister’s assistance
package 2006. Moreover, it is not the matter whether widow applies or any other member
applies, as per law share will go to everyone.

iii. That in accordance with category II of the Prime Minister’s assistance package 2006 for
allotment of plot as per FGEHF policy against quota applicable to the serving federal
government employees, widow is also entitled for allotment of plot and in accordance with the
decision of the Executive Committee of the FGEHF approved with the Prime Minister on
01.01.2010, almost 56% quota of total plots of scheme/sector developed by the FGEHF has
been fixed for serving employee and the plot so allotted will be in the name of the widow which
in her life or on her death is transferable only to her real children for which she will have to pay
the price of plot like serving employees and the children of the 1 st wife (who has died before
the deceased) will have no right, therefore, under the circumstances she is not entitled to apply
for plot against 56% quota. Moreover, allotment of such plot to the widow will injure the rights
of the children of the first wife which is totally injustice; therefore, under such circumstances in
this case only widow is not permissible/entitled to apply for such a plot.
iv. That the petitioner has filed application on 13.05.2015 before the FGEHF through Registration
Membership under the deceased family quota and not under quota of widow against 56% fixed
for serving employees. However, the Honourable Court on the miss reporting by the counsels
of the petitioner has held that the petitioner is not eligible to apply against the widow quota
which needs review.
v. That the Federal Board of Revenue Islamabad circulated SOPs for implantation of Prime
Minister’s assistance package 2006 vide letter dated 24.04.2008, in the case where some
information/documents are required, action within 7 days is to take by the concerned office to
obtain such documents and the case is to be finalized within 60 days of death. Hence, in this
 Page |6

case documents relating to allotment of plot are to be obtained from the family of the
deceased employee, however, such documents has already been with the concerned office and
that office did not process the case for 13 years till now which has injured the rights of the
family members of the deceased.
vi. That the President of Pakistan has passed order on 16.03.2017 for allotment of plot to the
deceased employee and about 06 years has lapsed in implementation of such order. Therefore,
the family of deceased is suffering of allotment of plot under the law.
vii. That it is not mentioned in the Prime Minister’s assistance package 2006 that only widow is
eligible to be considered to apply for allotment of plot against the quota fixed for deceased
employee. Moreover, widow is not only the member of the family of the deceased but there
are children who are not her real children who has equal rights in the allotment of plot,
therefore, their rights are separate to one another and any member of the family is eligible to
apply for allotment of plot. Therefore, the Honourable Court’s earlier judgment needs review to
meet the end of justice.
viii. That the petitioner in her application submitted to the higher authorities and complaint made
to the Wafaqi Mohtasib show that these are against 2% quota fixed for the deceased employee
and not against the widow quota. Therefore, judgment of the Honourable Court needs review.
ix. That the FGEHF at any forum has replied to petitioner that she is not entitled to apply against
2% quota and the FBR has recommended the case for allotment of plot as direction of the
Honourable President of Islamic Republic of Pakistan but at the stage of hearing of the writ
petition before the Honourable Islamabad High Court they are of the view that the petitioner is
not entitled to apply for allotment of plot to the deceased employee which is contradictory to
the facts and circumstances.
x. That under the Constitution of Islamic Republic of Pakistan, 1973, all the citizens are to be dealt
with equality and there cannot be an exception to such constitutional guarantee. Like the other
cases the petitioner is also entitled to allotment of plot from the quota of 2% for the employees
dying during service and any deviation would certainly amount to discrimination again an
unwarranted act of the respondents.

xi. That in many other cases the legal heirs of the deceased employees died during service have
been given the benefit of allotment of plot under the specified head and in similar way case of
the petitioner is also to be dealt with for smooth dispensation of justice and under the norms of
equity.
PRAYER:

As stated above, it is therefore, requested that the instant Intra Court Appeal may very
kindly be accepted and respondents may kindly be directed to allot plot to the deceased
employee against 2% quota under the Prime Minister’s Assistance Package dated 13-06-
 Page |7

2006, without any discrimination in the best interest of equity and justice or any other relief
which this Honourable Court may deem fit and appropriate in the circumstances of the case.

Petitioner

Through,

HAFIZ SHAHZAD PERVAIZ

ADVOCATE HIGH COURT

CERTIFICATE
It is certified that it is the 1 st ICA and no other matter on behalf of the petitioner regarding the
same is pending before any other court including High Court and Supreme Court of Pakistan.

Counsel

BEFORE THE HONORABLE ISLAMABAD HIGH COURT,

ISLAMABAD
 Page |8

Sumaira Manzoor

VERSUS

Federation of Pakistan through Secretary Establishment, Islamabad etc.

WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF ISLAMIC

REPUBLIC OF PAKISTAN, 1973

AFFIDAVIT
I,Sumaira Manzoor, daughter of Manzoor Ahmed (deceased), R/o Mouza Pabbar Wala, Post
Office Rajoa, Tehsil and District Chiniot, do hereby solemnly affirm and declares on oath as
under:

“That the contents of the Intra Court Appeal are true and correct to the best of my
knowledge and belief and nothing has been concealed from this Honorable Court.”

DEPONENT

VERIFICATION

Verified on oath at Islamabad on this day of NOVEMBER,2018, that the contents of this
affidavit are true and correct to the best of my knowledge and belief. Further, nothing has
been concealed from this Honorable court.

DEPONENT
 Page |9

BEFORE THE HONORABLE ISLAMABAD HIGH COURT,

ISLAMABAD
Sumaira Manzoor

VERSUS

Federation of Pakistan through Secretary Establishment, Islamabad etc.

WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF PAKISTAN 1973

EXEMPTION PETITION FOR FILING OF CERTIFIED COPIES

The petitioner respectfully submits as under:

1. That the petitioner is filing the documents which are necessary for the decision of the
above captioned petition in which photocopies of certified copies have been annexed
which could not be obtained again due to paucity of time.

2. That it is in the interest of justice if filing of the certified copies may very kindly be
dispensed with.

It is therefore very respectfully prayed that instant Petition may very kindly be
allowed and filing of certified/original copies of said annexure may very kindly be exempted
in the interest of justice.

PETITIONER
Through

HAFIZ SHAHZAD PERVAIZ

ADVOCATE HIGH COURT
 P a g e | 10

BEFORE THE HONORABLE ISLAMABAD HIGH COURT,

ISLAMABAD

Sumaira Manzoor

VERSUS

Federation of Pakistan through Secretary Establishment, Islamabad etc.

WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF PAKISTAN 1973

EXEMPTION PETITION FOR FILING OF CERTIFIED COPIES

AFFIDAVIT
I,Sumaira Manzoor, daughter of Manzoor Ahmed (deceased), R/o Mouza Pabbar Wala, Post
Office Rajoa, Tehsil and District Chiniot, do hereby solemnly affirm and declares on oath as
under:

“That the contents of the accompanied petition are true and correct to the best of my
knowledge and belief and nothing has been concealed from this Honorable court.”

DEPONENT

VERIFICATION

Verified on oath at Islamabad on this day of NOVEMBER2018, that the contents of this
affidavit are true and correct to the best of my knowledge and belief. Further, nothing has
been concealed from this Honorable court.
 P a g e | 11

DEPONENT

WAKALATNAMA

FOR: PETITIONER

BEFORE THE HONORABLE ISLAMABAD HIGH COURT,

ISLAMABAD
Sumaira Manzoor VERSUS Federation of Pakistan ETC.

WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF PAKISTAN 1973

I /we the undersigned do hereby nominate and appoint

LEGUM ASSOCIATES to be counsel in the above matter for me/us and on

my/our behalf to appear, plead, act and answer in the above court or any appellate Court or any other
court to which the business is transferred in the above matter and to sign and file petitions, appeals,
statements, accounts, exhibits, compromises or other documents whatsoever, in connection with the
matter or arising there from and also to apply for and receive all documents or copies of documents,
depositions etc. and to apply for an issue summons and other writs or subpoena and to apply for and get
issued an arrest, attachment or other execution warrants or order and to conduct and proceeding that
may arise there out; and to apply for and receive payment of any or all sums for the above matter to
arbitration, and to empty; and other legal practitioner authorizing him to exercise the power and
authorize hereby conferred on the Advocate whenever he may think fit to do so. Any other lawyer may be
appointed by my said counsel to conduct the case who shall have the same powers.

AND to do all acts legally necessary to manage and conduct the said case in all respects, whether
herein specified for not, as may be proper expedient.

AND I/We hereby agree to ratify and confirm all lawful acts done on my/our behalf under or by
virtue of represents or of the usual practice in such matter.

PROVIDED always, that I/We undertake at time of calling of the case by the court I/my authorized
agent shall inform the Advocate and make him appear in court, if the case may be dismissed in default, if it
be proceeded ex-parte the said counsels shall not be held responsible for the same. All costs awarded in
favor shall be the right of the counsels or his nominee, and if awarded against shall be payable by me/us.

IN WITNESS therefore I/We have hereto signed at Islamabad the ____day of NOVEMBER, in the year
2018.

Executant/s_____________________
 P a g e | 12

Signed and delivered Accepted

__________________________________
MUHAMMAD SAJJAD ABBASI
Advocate High Court

FLAT NO.4, FIRST FLOOR, RAWAL ARCADE, F-8 MARKAZ, ISLAMABAD.