| Case ID |
2b98df61-3c1c-4384-8eef-0c8045dbc7fd |
| Body |
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| Case Number |
Writ Petition No. 14338 of 2011 and 7086, 7135, 71 |
| Decision Date |
Feb 08, 2017 |
| Hearing Date |
Jan 17, 2017 |
| Decision |
The Lahore High Court dismissed the constitutional petition filed by Mudassar Hassan Rana and others, asserting that the promotion of certain employees of the Pakistan International Airlines (PIA) was valid based on their qualifications, which had been verified by the Higher Education Commission (HEC). The court emphasized that promotions within PIA are governed by non-statutory rules and that the petitioners did not possess the required MBA/MPA/MAS degrees, thereby lacking a legitimate claim for promotion. The court also ruled that the actions of the Federal Investigation Agency (FIA) regarding the degrees were unwarranted and ordered the quashing of ongoing proceedings against the respondents. The judgment reinforced the principle that promotion cannot be claimed as a matter of right and that the competent authority holds discretion in determining eligibility for promotion, particularly when policies are in place to incentivize higher qualifications. |
| Summary |
This case revolves around the promotion policies of Pakistan International Airlines (PIA) and the qualifications of certain employees who were promoted based on their MBA degrees. The Lahore High Court's decision highlighted the importance of valid educational qualifications in determining eligibility for promotion. The petitioners challenged the validity of the degrees obtained by the respondents, claiming procedural flaws in their acquisition. However, the court found that the degrees had been verified by the Higher Education Commission, thus affirming the legitimacy of the promotions. The ruling also clarified that promotions are not a matter of right but are subject to the discretion of the competent authority, particularly under policies designed to encourage higher educational attainment. The case underscores significant issues regarding employment law, educational verification, and the powers of regulatory agencies, making it a notable reference point in discussions about public sector employment practices in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Pakistan International Airlines Corporation,
Higher Education Commission
|
| Judges |
SHUJAAT ALI KHAN
|
| Lawyers |
Javed Sultan Chaudhary for Petitioners (in this petition),
Naveed Ahmad Khawaja for Petitioners (in W.Ps. Nos.7086, 7135, 7165, 7167 and 7168 of 2014),
Muhammad Mehmood Khan, D.A.G.,
Mian Muhammad Tariq Hassan for PIA,
Naveed Ahmad Khawaja for Respondents Nos.6 to 10 (in this petition),
Javed Sultan Chaudhary for private Respondents (in connected Petitions)
|
| Petitioners |
3 OTHERS,
MUDASSAR HASSAN RANA
|
| Respondents |
11 OTHERS,
THE FEDERAL GOVERNMENT THROUGH SECRETARY DEFENCE, ISLAMABAD
|
| Citations |
2017 SLD 1728,
2017 PLC 1342
|
| Other Citations |
Saleem Ullah Khan v. Shahid Hamid and another 2011 SCMR 788,
Pakistan International Airline Corporation and others v. Tanweer-Ur-Rehman and others PLD 2010 SC 676,
Syed Noorul Hasan v. The Secretary, Ministry of Industries, Government of Pakistan, Islamabad and others 1987 SCMR 598,
Muhammad Amin Bhatti v. Inspector General of Punjab Police 2011 PLC (C.S.) 535,
Malik Mazharul Haq and another v. Chairman, Pakistan International Airlines Corporation, Islamabad and 3 others 2010 PLC (C.S.) 1472,
Abdul Wahab and others v. HBL and others 2013 SCMR 1383,
Khawaja Muhammad Hussain Khateeb v. Additional Sessions Judge, Sialkot and 7 others PLD 2016 Lah. 522,
Muhammad Arshad Rafique v. Government of Pakistan through Secretary and 4 others 2016 PLC (C.S.) 952,
Hassan Mehmood v. Habib Bank Limited through President and 4 others 2016 PLC (C.S.) 315,
Riaz Gul and others v. Federation of Pakistan through Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and others 2016 PLC (C.S.) 350,
Muhammad Anwar Ansari v. Chief Election Commissioner, Islamabad through Secretary Election Commission of Pakistan and 5 others 2011 YLR 2810,
Khalid Hassan Khan v. Pakistan International Air Lines through Director of Marketing and 2 others 2013 YLR 847,
Munir Akhtar Awan and others v. Khalid Mansoor and others 2010 YLR 3144,
Government of the Punjab through Chief Secretary and others v. Ch. Abdul Sattar Hans and 29 others 2015 SCMR 915,
Secretary Economic Affairs Division Islamabad and others v. Anwarul Haq Ahmed and others 2013 SCMR 1687,
Asaf Fasihuddin Khan Vardag v. Government of Pakistan and others 2014 SCMR 676,
Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others v. Hayat Hussain and others 2016 SCMR 1021,
Miraj Khan v. Gul Ahmed and 3 others 2000 SCMR 122,
Mst. Mehrun Nisa v. Zainulabidin and 5 others 1995 SCMR 1139,
Haji Muhammad Latif v. Farman Ali and another 1990 SCMR 1299,
PIA Corporation v. Syed Suleman Alam Rizvi and others 2015 SCMR 1545
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199
|