Law: Civil Aviation Authority Ordinance, 1982

Section: 27

Law: Constitution of Pakistan, 1973

Section: 199

Summary:
The petition challenges the Civil Aviation Authority's (CAA) advertisement to fill four Joint Director positions on a contract basis, alleging it circumvents internal promotion rules by lowering eligibility criteria from twelve to five years of service. The court found the advertisement violates the CAA's Service Regulations and set aside the process, ordering vacancies to be filled internally according to prescribed rules. The decision emphasized the importance of legitimate expectations and proper adherence to service rules to protect employee career progression.

Core Points:

• Petitioners are senior employees eligible soon for promotion to EG-5, but the CAA advertised four posts on contract with reduced eligibility criteria favoring outsiders.
• Service Regulations require twelve years of service for promotion to these posts; the advertisement lowers this to five years, violating the regulations.
• Respondents argued the regulation and promotion rules are non-statutory and the advertisement is a management policy decision.
• Court held the petition maintainable as the regulations are framed under the CAA Ordinance, a statutory provision, and reduction in criteria violates service rules.
• The applicant list lacked candidates with sufficient experience or qualifications compared to internal employees, raising concerns of unfair selection.
• Timing of advertisement just before petitioners’ eligibility was questioned as arbitrary and against principles of legitimate expectation.
• The court allowed the case to the extent that the posts must be filled internally per service rules and not through the impugned advertisement.
• The management is permitted to recruit externally but only within the framework of the governing law and service regulations.

Law and Sections Table:

JUDGMENT