Case Details

Citation(s)
2011 SLG 2046 2011 SLD 2046 2011 SCMR 523
Supreme Court of Pakistan
Civil Appeal No. 2240 of 2008, decision dated: 17-09-2009 (On appeal from the order dated 29-7-2008 of the Federal Service Tribunal passed in Appeal No. 877(K)(CE) of 2001)
ANWAR ZAHEER, JAMALI AND KHILJI ARIF HUSSAIN, JJ

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MUHAMMAD NAWAZ

VS

. CIVIL AVIATION AUTHORITY and others--Respondents

Law:

Section:

Civil Aviation Authority Ordinance (XXX of 1982)------Ss. 3, 7, 26 & 27---Service Tribunals Act (LXX of 1973), S. 4---Appeal to Service Tribunal---Appointment of respondent's employee sought to be declared against Service Regulations framed by Board of Civil Aviation Authority---Dismissal of appeal by Tribunal on ground that such Regulations were non-statutory---Validity---Supreme Court upheld such decision of Service Tribunal in circumstances. Muhammad Idrees v. Agricultural Development Bank of Pakistan and others PLD 2007 SC 681 ref. Pakistan Red Crescent Society and another v. Syed Nazir Gillani PLD 2005 SC 806; Chairman, WAPDA and 2 others v. Syed Jamil Ahmed 1993 SCMR 346; National Bank of Pakistan v. Manzoor-ul-Hassan 1989 SCMR 842 and Principal, Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1984 SC 170 rel. Shahid Anwar Bajwa, Advocate Supreme Court for Appellant. Aain-ud-Din Khan, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Respondent No. 1. Umar Hayat Khan, D.A.G. for Respondent No. 2. Nemo for Respondents No. 3 and 4. Date of hearing: 17th September, 2009. JUDGMENT KHILJI ARIF HUSSAIN, J.---This appeal, by leave to the Court, granted on 24-12-2008 is directed against the judgment of Federal Service Tribunal dated 29-7-2008. whereby, Appeal No. 877(K)(CE) of 2001, filed by the appellant, was dismissed. 2. Shortly narrated, the facts are that the appellant is employee of the respondent No. 1 i.e., Civil Aviation Authority (CAA), which has been established under Civil Aviation Authority, Ordinance 1982, (hereinafter referred as Ordinance, 1982). The appellant filed appeal under section 4 of the Service Tribunal Act, 1973 before the Federal Service Tribunal to declare that the respondent No.1 had appointed two officers as Facilitation Officer PG-8 against the Government Rules and Civil Aviation Authority policy. The appeal was dismissed on the ground that the regulations framed by respondents have no statutory backing and Service Tribunal has thus no jurisdiction to entertain the appeal. 3. Heard Mr. Shahid Anwar Bajwa, Advocate Supreme Court for the appellant, Mr. Aain-ud-Din Khan, Advocate Supreme Court…
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