ORDER SHEET.

IN THE ISLAMABAD HIGH COURT, ISLAMABAD.

JUDICIAL DEPARTMENT.
W.P. No.1146/2022

Mst. Fazilat Bibi & another.

Versus
The Directorate General Immigration& Passports, through its
Director General, Islamabad & others.
S. No. of Date of Order with signature of Judge and that
order/ order/ of parties or counsel where necessary.
proceedings Proceedings
(09) 09.03.2023 Mr. Muhammad Asif Gujjar, Advocate for
the applicants/petitioners.
Mr. Aqeel Akhtar Raja, AAG.
Hafiz Muhammad Ishaq, Deputy Secretary,
Establishment Division.
Syed Ahsan Ali, S.O, Establishment
Division.
Sultan Rao, S.O (Lit), Establishment
Division.
Ms. Tousil Zia, A.D (Admn) DG Passport.

C.M No.765 of 2023

The learned counsel for the applicants

states that even to the extent that Prime

Minister Assistance Package as advertised

on 04.12.2015 under exercise of authority

by the Prime Minister of Pakistan is

declared illegal and unconstitutional, the

office order issued by the President dated

13.04.2005 would still survive and such

memorandum has been issued by the

President of Pakistan under the Civil

Servants Act, 1973. And consequently the

application of the applicant pursuant to

which she is seeking retention of

accommodation awarded to her deceased

 husband, should be allowed to be

processed.

2. Let the application filed by the

applicant be processed notwithstanding the

restraining order issued by the Court on

08.12.2022. In the event that this Court

ultimately comes to the conclusion that the

Prime Minister Assistance Package is not

backed by the authority of law it will need

to pass consequential orders in relation to

cases where such benefits have be

awarded, and the case of the applicant and

any benefits granted to her shall be treated

accordingly.

(BABAR SATTAR)
JUDGE
Shakeel Afzal