ZAHIR SHAH vs CIVIL AVIATION AUTHORITY through Director General Karachi arts

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ZAHIR SHAH VS CIVIL AVIATION AUTHORITY through Director General Karachi arts. 25 & 199---Industrial Relations act (X of 2012), Ss.33 & 58---Constitutional jurisdiction of High Court---Scope---Regularization---Discrimination---absence of any law or policy---Grievance petition filed by the petitioner for regularization of his service was allowed without back benefits---Both the parties preferred their respective appeals, however, the appeal of the petitioners was dismissed being not maintainable owing to inapplicability of Industrial Relations act, 2012 (IRa, 2012) to the Civil aviation authority and the appeal of the respondent-Department was allowed---Validity---While exercising constitutional jurisdiction, the High Court cannot direct the executive or any other institution working thereunder to make a specific policy relating to regularization of service of the employees of the concerned departments or to direct them to regularize the services of any kind of employee without any backing of law and policy---However, High Court may intervene and strike down any policy, which is found to be contrary to the fundamental rights guaranteed under the Constitution---Neither the petitioners nor the respondents had brought before High Court any enactment or policy for regularization of services of the petitioners, thus, in absence of any statutory backing, High Court was unable to direct the respondents to regularize service of the petitioners---Constitutional petition was disposed of in circumstances, with the expectation that while keeping in view long service and that too without any complaint, the petitioners could not go elsewhere for job, thus, they deserved a sympathetic consideration by the department concerned either by enactment or by framing a policy for regularization or at least place their cases for regularization.

ZAHIR SHAH vs CIVIL AVIATION AUTHORITY through Director General Karachi arts — 2025 PLC 155 QUETTA-HIGH-COURT-BALOCHISTAN

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