Case Details

Citation(s)
2019 SLG 3397 2019 SLD 3397 2019 PLC 709
Sindh High Court
Constitutional Petition No. 3482 of 2012, decision dated: 06-02-2018, hearing date: 01-02-2018
IRFAN SAADAT KHAN, JUSTICE, ADNAN-UL-KARIM MEMON, JUSTICE
Petitioner in person. Khalid Jawed for
Respondent No.1. Shaikh Liaquat Hussain, Assistant Attorney General.

PETITIONER(S): SHER MUHAMMAD ZAFAR AND 2 OTHERS

VS

RESPONDENT(S): PAKISTAN INTERNATIONAL AIRLINES CORPORATION THROUGH CHAIRMAN AND ANOTHER

Law: Constitution of Pakistan, 1973

Section: 199

Pakistan International Airlines Corporation Employees (Services and Discipline) Regulations, 1956--- ----Preamble---Constitution of Pakistan, Art. 199---Constitutional petition---Passage Policy---Non-statutory rules---Petitioners were retired employees of Pakistan International Airlines Corporation and they were aggrieved of change in Passage Policy with regards to benefits of passage/tickets facility---Plea raised by petitioner was that they were entitled to such benefits in accordance with Administration Order---Validity---Employer Corporation was a statutory entity and passage benefits of petitioners were not governed under statutory rules which were not enforceable through Constitutional petition---Employer Corporation was to frame its passage policy for its employees/ex-employees which was an internal matter of Corporation and was devoid of any Constitutional interference---Petitioners failed to show any violation of their legal or Fundamental Rights to invoke Constitutional jurisdiction of High Court---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Pakistan Defence Officers Housing Authority and others v. Lt. Col. Syed Javaid Ahmed 2013 SCMR 1707 distinguished Aircraft Engineers of Pakistan and others v. Federation of Pakistan and others C.P. No.D-948 of 2009; Pakistan International Airline Corporation v. Syed Suleman Alam Rizvi 2015 SCMR 1545 and Pakistan International Airline Corporation v. Aziz-ur Rehman Chaudhary and others 2016 SCMR 14 ref. Shafique Ahmed Khan and others v. NESCOM through Chairman Islamabad and others PLD 2016 SC 377; Muhammad Zaman and others v. Government of Pakistan through Secretary, Finance Division (Regulation Wing), Islamabad 2017 SCMR 571; Ghulam Rasool v. Government of Pakistan and others PLD 2015 SC 6; 2014 SCMR 220 and Dr. Alyas Qadeer, Tahir v. Secretary M/O CADD, Education Islamabad 2014 SCMR 97. rel. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The petitioners have sought the following relief(s):- a) Declare that the Petitioners are entitled for same benefits of passage /tickets facility in accordance with Admin Order No. 07/2012, dated 09th…
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