| Citation(s) |
|---|
| 2019 SLG 369 2019 SLD 369 2019 PLJ 99 |
Lahore High Court
W.P. Nos. 18389 of 2016, decision Dated: 27.02.2018. Date ofhearing: 30.11.2017.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Mr. Muhammad Bilal Butt, Mr. Waseem Shahab, Mr. Mumtaz Fazal Mirza, Mr. Bilal Mustafa Naqvi & Mr. Bilal Amin, Advocates
Respondent(s) by:Ch. Sagheer Ahmad, Mr. Mudassar Sagheer, Advocates Malik Kamran Nawaz, Legal Assistant MIAP Civil
W.P. Nos. 18389 of 2016, decision Dated: 27.02.2018. Date ofhearing: 30.11.2017.
MUZAMIL AKHTAR SHABIR, JUSTICE
Petitioner(s) by: Mr. Muhammad Bilal Butt, Mr. Waseem Shahab, Mr. Mumtaz Fazal Mirza, Mr. Bilal Mustafa Naqvi & Mr. Bilal Amin, Advocates
Respondent(s) by:Ch. Sagheer Ahmad, Mr. Mudassar Sagheer, Advocates Malik Kamran Nawaz, Legal Assistant MIAP Civil
ABDUL SHAKOOR SHEIKVSFEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF AVIATION, CIVIL AVIATION DIVISION, ETC.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Civil Aviation Authority Ordinance (XXX of 1982)
Section: 12
Law: Civil Aviation Authority Service Regulations, 2014
Section: 3.67,3.101
Constitution of Pakistan, 1973-- ----Art. 199--Civil Aviation Authority Service Regulations, 2014, Regln. 3.67 & 3.101--Constitutional Petition--Appointment on contract basis--Extension in contract till completion of project--Non regularization--Corporate body--Discrimination--Alteration of terms and conditions--Jurisdiction--Question of whether service regulations of civil aviation authority were statutory or not--Challenge to--If contract employee cannot claim, relief of allowing him for performance of remaining period of contract by reinstatement, then on same analogy: a contract employee, who was appointed for a particular project, could not claim regularization or extension of service beyond period of completion of project--Case of petitioners for regularization was neither placed before cabinet sub-committee nor there is any approval available on record whereby it could be observed that their case was similar to that of Imran Naeem--Moreover, said Imran Naeem was regularized in service in year 2010 whereas petitioners did not agitate matter at relevant\ time and have now raised same after project has been completed--Therefore, case of discrimination has not been established--Besides petitioners seek a relief that would change their basic terms and conditions of service which if not permissible in eye of law because this Court in its Constitutional jurisdiction is not competent to provide said relief as it cannot alter terms and conditions of service of employees and could not renegotiate, alter and amend terms of regularization that were offered by authorities to its contractual employees for simple reason that this Court did not have jurisdiction to do so--Petitioners are held entitled to receive salaries and other benefits for period for which they have worked and rendered services with respondent Authority--Petition was dismissed. 2017 SCMR 1979, ref. Civil Aviation Authority Ordinance, 1982-- ----S. 12--Appointment--Section 12 Authorizes Authority to appoint officers, servants, experts and consultants as it may consider necessary for performance of its functions and authority may prescribe by regulations procedure for said appointments and terms and…
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