| Citation(s) |
|---|
| 2025 SLG 4021 2025 SLD 4021 = 2025 PLC 192 |
Suit No.2999 of 2021, decided on 21st March, 2022.
Before Muhammad Shafi Siddiqui, J
Faizan H. Memon for the Plaintiffs. Khursheed Jawed, D.A.G. for Defendant No.1. Khalid Mahmood Siddiqui for Defendants Nos.2 to 4. Dates of hearing: 10th, 15th March, 2022.
CIVIL AVIATION AUTHORITY OFFICERS ASSOCIATION OF PAKISTAN through Secretary General and another
VERSUS
FEDERATION OF PAKISTAN through Secretary Aviation Division and 3 others
Law: Specific Relief Act, 1877
Section: 42,54
Specific Relief Act (I of 1877)---
----Ss. 42 & 54---General Clauses Act (X of 1897), S. 6---Civil Aviation Authority Ordinance (XXX of 1982), Preamble---Pre-selection of officers of Civil Aviation Authority by the Board for Promotion---Repeal of Ordinance---Effect---Plaintiff / Civil Aviation Authority Officers Association of Pakistan contended that provisions of repealed Pakistan Civil Aviation Authority Ordinance, 2021 and Pakistan Airports Authority Ordinance, 2021 were applicable---Plea raised by defendant / Authorities was that after repeal of the two Ordinances, no benefit could be derived by plaintiffs---Validity---Repealed Ordinances were never acted upon and plaintiffs could exert for transfer of employees / officers of two divisions to their respective authorities---Law that stood prior to repeal of two Ordinances under consideration was revived and two Authorities were deemed to be working under common umbrella of the Civil Aviation Authority Ordinance, 1982---High Court declined to take any step as repeal of Pakistan Civil Aviation Authority Ordinance, 2021 and Pakistan Airports Authority Ordinance, 2021, left no triggered or concluded rights for the employees of Civil Aviation Authority---High Court declared that after repeal of two Ordinances, the original Civil Aviation Authority Ordinance, 1982 was revived and Civil Aviation Authority with all its authorities was operating and functioning thereunder---High Court directed Board of Directors of Civil Aviation Authority to convene its meeting for pre-selection of candidates for their promotion---Suit was disposed of accordingly.
PLD 1960 Lahore 236; PLD 1964 (WP) Lahore 202; Government of Punjab v.