LAHORE: The Lahore High Court (LHC) has ordered the Defence Housing Authority (DHA) to allocate service benefit plots to 163 employees.

The court also set aside an order by the DHA Lahore for denying the allocation of service benefit plots to 163 employees and directed to reevaluate the petitioners’ grievances and issue a fresh decision within 30 days.

The DHA employees had filed four petitions including 65324, 65706, 65858 and 65939 in the LHC.

The petitioners had challenged an order dated Sept 4, 2024, issued by the DHA secretary which dismissed their representation for the allotment of plots under the Service Benefit Policy.

The petitioners argued that they had been subjected to gross discrimination, as similarly placed employees had already been allotted service benefit plots, in some cases even before retirement.

The petitioners’ counsel Advocate Waseem Sajjad contended that the DHA’s order violated Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973, which guarantees equality before the law.

They also referenced the Defence Housing Authority Service Rules, 2013, specifically Rules 2(q) and 2(r), which define “Regular Employees” and “Service Plot,” respectively. According to these rules, regular employees are entitled to service plots upon completion of satisfactory service and fulfillment of specified conditions.

The DHA’s legal adviser, however, argued that the petitioners’ services were not governed by statutory rules, and thus, the writ petition was not maintainable.

He maintained that the relationship between the petitioners and DHA was that of “master and servant.” However, he acknowledged that the Defence Housing Authority Service Rules, 2013, had been notified in the gazette.

LHC Justice Muhammad Sajid Mehmood Sethi, presiding over the case, found that the DHA had failed to adequately address the petitioners’ eligibility for service benefit plots under the relevant rules.

The court noted that the impugned order lacked valid reasoning and was passed in violation of Section 24-A of the General Clauses Act, 1897, which requires public functionaries to provide reasoned and speaking orders.

On Feb 18, 2025, the court issued its ruling and set aside the DHA’s order and directed the authority to reconsider the petitioners’ case strictly in accordance with the law.

The DHA was instructed to issue a fresh decision within 30 days, after hearing the petitioners and all concerned parties, and to inform the court of its decision.

The ruling also disposes of three connected petitions (W.P. Nos. 65868, 65706, and 65939 of 2024), as they involved common questions of law and facts.

Published in Dawn, March 12th, 2025