Law:

Section:

(a) Pakistan Civil Aviation Authority Ordinance (XXX of 1982)------Ss. 12(2), 14, 19 & 25---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Reinstatement of employee---Maintainability of constitutional petition filed by the petitioner claiming his reinstatement in service, was objected to by the authorities---Contentions of petitioner were that rules framed by the Board of Pakistan Civil Aviation Authority were Statutory Rules and referred to Ss.12(2), 14 & 25 of Pakistan Civil Aviation Authority Ordinance, 1982; that under S.19 of Pakistan Civil Aviation Authority Ordinance, 1982, Pakistan Civil Aviation Authority was a local authority and it would fall within the compass of a person as contemplated under Art.199 of the Constitution; and that even if there were no statutory rules, constitutional petition would be maintainable---Contentions of counsel for the petitioner were misconceived, as S.12(2) of Pakistan Civil Aviation Authority Ordinance, 1982 dealt with appointment of officers, servants and consultants and their terms and conditions; and S.14 dealt with transfer of employees; and S.25 of Ordinance provided that existing arrangement would continue---All said provisions could not be read to grant status of statutory rules to the regulations framed by the Board---Regulations framed by the Board of Authority were not statutory Rules, in circumstances---Section 19 of Pakistan Civil Aviation Authority Ordinance, 1982 indicated that Civil Aviation Authority was a local authority only for the purpose of borrowing of money and not for any other purpose; it was, in circumstances not a local authority with the contemplation of Art.199 of the Constitution---Constitutional petition being not maintainable, was dismissed, in circumstances. PIAC v. Tanveer-ur-Rehman PLD 2010 SC 676; Rustam Ali and others v. Ryder Bux and others 1998 CLC 779; Major (Retd.) Mian Ghulam Jilani v. Federal Government through Secretary Government of Pakistan, Interior Division, Islamabad PLC 1975 Lah. 65 and Deputy Managing Director, National Bank of Pakistan v. Attaul Haq PLD 1965 SC 201 ref. (b) Constitution of Pakistan--- ----Art. 185(3)---Leave…

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