Case Details

Citation(s)
2016 SLG 2823 2016 SLD 2823 2016 PLC 335
Sindh High Court
Suit No. 822 of 2015, decided on 23rd December, 2015. Dateof hearing: 8th October, 2015.
MUHAMMADALI MAZHAR, JUSTICE
Muhammad Haseeb Jamali for Plaintiff.Salman Talib-ud-Din and Ms. Sara Malkani for Defendants.

SADIQ AMIN RAHMANVSPAKISTAN INTERNATIONAL AIRLINES CORPORATION THROUGH MANAGING DIRECTOR AND 3 OTHERS

Law: Specific Relief Act, 1877

Section: 42,54

Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Specific Relief Act (I of 1877)--- --------Ss.42 & 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Suit for declaration and injunction---Interim injunction, grant of---Good governance---Plaintiff was a pilot and was aggrieved of refusal made by the Airline Corporation declining him to send him to transition training B-777 in view of agreement executed between the Corporation and Association of Pilots--- Validity--- Management of Airline Corporation was not supposed to act recklessly or sabotage professional norms and transparency in the affairs of their management---Defendant corporation in disregard of the terms and conditions of the agreement decided to benefit opportunity of transition course to some persons without clearance of Promotion Board---Statutory corporation in which government had substantial shareholding lacked service rules but it did not mean that they were above the law and could do anything in their own whims and pleasure---Airline Corporation should follow principle of good governance and maintain transparency and fair-mindedness in its affairs---High Court directed the Corporation to send plaintiff for training in terms of clearance accorded to by Promotion Board and the letter was set aside communicating renunciation of plaintiff from training course---High Court restrained the Corporation from sending pilots for training at the stratagem of 'ex-post facto clearance' unless they were cleared by the Promotion Board for training/promotion in accordance with the provisions contained in agreement in question---Application was allowed in circumstances Naseem-ul-Haq v. Raees Aftab Ali Lashari and others 2015 YLR 550; Ghulam Nabi Shah v. PIAC and others 2013 PLC (C.S) 768; PIAC and others v. Tanweer-ur-Rehman PLD 2010 SC 676; PIAC v. Syed Suleman Alam Rizvi 2015 SCMR 1545 and Ikram Bari's case 2005 SCMR 100 ref. (b) Constitution of Pakistan--- --------Arts. 4 & 25---Discrimination---Good governance---Master and servant, relationship of---Principle---Object of good governance cannot be achieved by exercising discriminatory powers unreasonably or arbitrarily, without application of mind but such objective can only be…
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