Promotion case: SHC gives more time to CAA to implement its order

Published: April 27, 2012

Naeem Iqbal advocate appearing for the applicant submitted that one month’s time was given to the CAA but it failed to comply with court order. PHOTO: PPI

KARACHI: The Civil Aviation Authority still has more than 45 employees who are either on contract or posted on deputation despite the fact that they have nothing to do with aviation in any way.

This was stated by a federal government law officer during the hearing of a contempt of court application filed by a senior officer of CAA, Syed Nasir Ali Shah.

Filing an application against chief of Civil Aviation Authority, Nadeem Yousaf Zai and head of its human resource department, Nasir Ali Shah prayed to the court to direct the aviation regulator to implement an order passed by the Sindh High Court on March 19, 2012 under which it was required to convene a meeting of a departmental promotion committee and decide the case of the petitioner to next grade.

Naeem Iqbal advocate appearing for the applicant submitted that one month’s time was given to the CAA but it failed to comply with court order.

Claiming discrimination, counsel for applicant submitted that while petitioner was entitled to promotion since 2007, CAA is violating the court’s order which amounts to contempt of court.

The counsel for CAA, opposing the application, said that another bench of the high court had ordered status quo in an identical petition of 2011 and due to this order passed by the bench March 19, could not be implemented.

As the counsel for applicant questioned the promotion of a junior and his posting as General Manager Strategic Management, counsel for CAA defended the same and said it was a selection post and petitioner had already been declared unfit.

When the bench comprising Justices Maqbool Baqar and Justice Muhammad Shafi Siddiqui asked that how a junior person was posted to a key post ignoring senior officer available,  it was informed by one of the lawyers appearing in the case that CAA has more than four dozen men who have been appointed on contract or inducted on deputation in violation of all the laws and regulations besides the judgments by superior courts.

Deputy Attorney General Ashique Raza appearing for the Federal Secretary Defence opposed the contempt of court application and said that due to an order of maintenance of status quo in another petition on identical issue, meeting of the departmental promotion committee could not be held. This is not for this court to decide the promotion of the applicant, he said seeking more time to get the order of the court implemented.

Irked by interventions by the counsel for applicant even when the order was being dictated, the bench put off further proceedings till May 21 giving more time to the CAA to implement the judgment and make a report within stipulated time.

Published in The Express Tribune, April 27th, 2012.

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