1670/2018 Suit Liaquat Ali Bhatti & others (Plaintiff) V/S Pakistan International Airlines Corporation & ors (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)
Order Date: 16-SEP-19
The issue involved in this Suit was in respect of promotions of private Defendants as Chief Engineers from Deputy Chief Engineers in PIA and leaving out the Plaintiffs though they were admittedly senior. It was claimed by PIA that neither seniority nor promotion is a vested right; hence, no case is made out by the Plaintiffs; however, there being no cavil to this legal proposition; such contention has been repelled by the Court and the impugned order of promotion of private defendants has been suspended, for the reason that firstly the Plaintiffs have not been provided with any reason or justification as to why they have been left out; and secondly, even the Court was not assisted as to the entire material and record for promoting private defendants, and therefore, the Plaintiffs cannot be left without any remedy. They being seniors at least ought to have been communicated with a proper response for not being considered so that they could have availed any further remedy as per law; and this has been found a valid ground for suspending the impugned order, whereas, if the management of PIA feels that due to exigency, fresh proceedings are necessary for carrying out promotion(s); then they are at liberty to do so but in accordance with the Agreement and the revised policy, if any, and so also keeping in mind the discussion made hereinabove, including consultation with Defendant No.2 as per the Agreement.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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