Raja Mazhar Hussain VS The GM(HR), CAA HQ, Terminal-I, Jinnah International Airport, etc

Form No: HCJD/C-121

ORDER SHEET

IN E ISLANNA HIGH C URT. IS ABAD

DICIAL TIUEN

W.P. No. 3665 of 2018

Raja Mazhar Hussain Vs The GM (HR) CAA HQ, Karachi, etc

S. No. of Date of Order with signature of Judge and that of parties or order/ order/ counsel where necessary.

proceedinqs proceedings

04)05-12-2018. ttlr Mozzam Sajjad KianiAdvocate, for the petitioner.

The petitioner was appointed and remained an employee of civil Aviation Authority (hereinafter referred to as the "Authoritl/') till his termination. The petitioner was transferred to the Airport at Gilgit. He was relieved from his duties at lslamabad but he did not join his new place of posting. The competent authority issued show cause Notice, dated 11-12-2014. lnstead of giving effect to his transfer order the petitioner applied for grant of leave encashment, which was accepted. The competent authority taking a lenient view did not continue with the disciplinary proceedings relating to Show cause Notice, dated 11-12-2014.

The petitioner had earlier filed w. P. No. 11s1tzo15 which was disposed of by this Court vide order, dated 11-06-2015. ln compliance with the direction given by this couf the competent authority decided the representation of the petitioner vide order,

dated 16-11-2016. The petitioner is aggrieved on account of the said order.

2.The learned counsel was asked regarding maintainability of this petition on tl'6 ground that the regulations governing terms and conditions of service of employees of the Authority have been declared as non-statutory by the august Supreme Court. The learned counsel despite his able assistance was not able to satisfy this Court that the petition was maintainable in the light of law expounded by the august Supreme Court.

3.The august Supreme Court in a recent judgment titled "Shafique Ahmad Khan, etc versus NESCOM etc", passed in Civil Appeals No. 654 to 660, 330, 735, 1243 lo 1259 of 2010, has reaffirmed the earlier judgment passed in the case titled "N/uhammad Nawaz versus Civil Aviation Authority and others" 12011 SCMR 5231. ln the latter case the august Supreme Court had declared the Service Regulations of Civil Aviation Authority as non- statutory. The august Supreme Court having declared the Service Regulations as non-statutory renders the relationship between an employee and the Civil Aviation Authority as that of master and servant. lt is settled law that where the relationship is that of master and servant a petition under Article 199 of the Constitution is not competent. Reference in this regard may be made to the cases of "Muhammad Aslam Khan yersus FOP and others" [2013 SCMR 7471, "Muhammad Nawaz yersus Civil Aviation Authoirty" [2011 SCMR 5231, "Khan yersus Pakistan Civil Aviation Authority and

anothel' [2011 PLC (c.s) ssgl and "Zafar lqbat versus pakistan civil Aviation Authority through Director Administration and anothef,

[2011 PLC (C.S) 348].

4.For what has been discussed above the instant petition is not maintainable and is, therefore, accordingly dismissed in limine

Tanvrer Ahmed

CHI JUSTICE

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