| Citation(s) |
|---|
| 2025 SLG 3983 2025 SLD 3983 = 2025 SHC 1735 |
Sindh High Court
CP. No. D-5102 of 2021
Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon
Mr. Ali Asadullah Bullo advocate for the petitioner. Mr. Khalid Mehmood Siddiqui advocate for respondents. Ms.. Wajiha Mehdi Assistant Attorney General.
CP. No. D-5102 of 2021
Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon
Mr. Ali Asadullah Bullo advocate for the petitioner. Mr. Khalid Mehmood Siddiqui advocate for respondents. Ms.. Wajiha Mehdi Assistant Attorney General.
(Manzoor Ali v Federation of Pakistan & others)
Law: Constitution of Pakistan, 1973
Section:
Law: Civil Aviation Authority Rules, 1994
Section: 35
Summary:
The petition challenging denial of promotion to the petitioner in the Civil Aviation Authority was dismissed. The court held that promotion is not a vested right but based on merit and suitability, and the petitioner failed to meet the minimum PAR score required. Reliance on Fundamental Rule 17(1) was rejected as it was repealed, and proforma promotion for retired employees is not recognized by law. The petition was found without merit and dismissed.
Core Points:
- Petitioner, a long-serving CAA employee, was denied promotion to Additional Director despite seniority.
- Petitioner claimed violation of fundamental rights and sought proforma promotion under Fundamental Rule 17.
- Respondents argued petitioner did not meet minimum PAR score of 13, and promotion is merit-based.
- Court noted promotion is not a vested right, only consideration is guaranteed.
- Fundamental Rule 17(1) was repealed and does not apply for proforma promotion post-retirement.
- Relevant promotions governed by Rule 35 of the CAA (2019) rules requiring merit, qualifications, and clean record.
- Court relied on Supreme Court precedents rejecting proforma promotion claims without legal basis.
- Petition dismissed as lacking legal basis for court interference.
Law and Section Table:
| Law/Rule | Section/Clause | Citation/Notes |
|---|---|---|
| Constitution of Pakistan 1973 | Fundamental Rights | Basis for petitioner's claim of violation |
| Fundamental Rule (FR) 17 | Clause 17(1) (repealed) | Previously allowed proforma promotion; repealed by SRO 965(I)/2022 |
| Civil Aviation Authority Rules | Rule 35 | Governs promotions for EG-07 and above |
| Supreme Court Judgments | Various | Secretary Ministry of Finance v. Muhammad Anwer (2025 SCMR 153), National Bank v. Sajjad Ali Khaskhelli (2024 PLC (CS) 276), Inspector General Punjab v. Waris Ali (2024 SCMR 1109) |
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