MUHAMMAD SULEMAN GHOURI vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Reglns

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MUHAMMAD SULEMAN GHOURI VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence Reglns.D-2.4 & 21 Paragraph-3---Constitution of Pakistan, Arts. 25 & 199---Civil service---Recruitment process---Reduction in prescribed eligibility criteria qua length of service from 12 to 5 years to qualify for promotion to the post of Joint Director (AT & ER) through advertisement---Legality---Contention of the petitioners was that they were legitimate expectants for such promotion, however, their career progression had been jeopardized in haste through the advertisement---Validity---For induction in Executive Group, in particular, the prescribed eligibility criteria mentioned in the Service Regulations, could not be violated to such an extent, that minimum 12 years' experience in EG-1 and above with minimum 02 years' experience in the existing Executive Grade, that is EG-4, was reduced to 05 years of experience in Aviation---Argument of respondent that the Service Regulations did empower the Management to hire suitable persons on contract/secondment basis, with specific reference to Regln. D-2.4, that it was the sole prerogative of the Competent Authority to prescribe the criteria, was accepted, but with a rider, that the above referred Regulation and other similar provisions in the Service Regulations were to be read in conjunction with and not in derogation of Regln.-21, Paragraph-3---Names and credentials of the short-listed candidates mentioned in the compliance report were perused and except one candidate, who had an educational background and experience in Aviation, none of the candidates possessed a level of academic qualification or practical experience, that could justify the stance of Respondents-CAA, thus, the equitable doctrine of legitimate expectation should be invoked---If the selection process was accepted, then it was bound to adversely affect the career progression of the petitioners---Although, promotion is not a vested right of an employee and is to be decided by the employer/management after evaluating multiple factors, so also prescribed in the present CAA Regulations, but at least the petitioners had a right to be considered for promotion, if they were fulfilling the eligibility criteria mentioned in the Service Regulations---Person working with honesty and diligence in an organization or institution has a legitimate expectation to be considered for promotion; otherwise, it will result in overall discouragement in the organization and will have a direct impact on its functioning and operations---Organization, or for that matter, even State Institutions, cannot viably deliver results as required of them, if employees/team members become disenchanted and disengaged due to unreasonable, arbitrary and discriminatory policies adopted by those at the helm of affairs---Such eleventh-hour rush to reduce the available slots before all the petitioners qualified appeared oddly hastened on the part of respondent-CAA, as the vacancy for the posts had not been articulated by respondent-CAA to be closed as a matter of national emergency, notwithstanding that the modus operandi as an objective and inclusive recruitment design process did not appear to meet such goals---Constitutional petition was accepted, in circumstances. Citation Name: 2025 PLC(CS) 1283 KARACHI-HIGH-COURT-SINDHBookmark this Case MUHAMMAD SULEMAN GHOURI VS FEDERATION OF PAKISTAN through Secretary Ministry of Defence art. 199---Civil aviation authority Service Regulations, 2014, Reglns.D-2.4 & 21 Paragraph-3---Civil service---Post of Joint Director (air Transport and Economic Regulations)---Recruitment process---Constitutional petition---Maintainability---Reduction in prescribed eligibility criteria in length of service from 12 to 5 years through advertisement---Respondents raised objection as to maintainability of the constitutional petition for the reason that findings in the reported as Pakistan Defence Officers' Housing authority and others v. Lt. Col. Syed Javaid ahmed (2013 SCMR 1707) (DHa's case) in particular Paragraph No.50 relied upon by the petitioner, the Supreme Court in the subsequent case of Syed Nazir Gillani v. Red Crescent Society and another (2014 SCMR 982) (Pakistan Red Crescent's case) after considering the above paragraph-50 had given a different view with regard to those organizations, like respondents-Civil aviation authority (Caa), which did not have statutory service rules, ruling that writ petitions were not maintainable---Validity---Subsequent judgment of the Supreme Court in Pakistan in Red Crescent Society Case had not overruled or distinguished the judgment in DHa's case and in particular, Paragraph-50 thereof, rather while deciding the subject judgment of the Pakistan Red Crescent Society Case, Sub-Paragraph-(ii) of Paragraph-50 was relied upon; thus, in view of sub-Paragraphs-(i) and (iv) since the Service Regulations of Caa were framed under the provision of the parent statute, providing the requisite length of service for Executive Grade-5 (EG-5), which had been reduced in the impugned advertisement, thus, with respect to such aspect along with other material issues, the constitutional petition was maintainable.

MUHAMMAD SULEMAN GHOURI vs FEDERATION OF PAKISTAN through Secretary Ministry of Defence Reglns — 2025 PLC(CS) 1283 KARACHI-HIGH-COURT-SINDH

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