DIRECTOR GENERAL, CIVIL AVIATION AUTHORITY And Other vs ENGINEER
This matter came before the Supreme Court of Pakistan via Civil Appeal No. 432/99 and Civil Petition No. 668/99, involving a dispute regarding the tenure and appointment process for the position of Director Airworthiness within the Civil Aviation Authority. The parties reached a consensus, which the Court adopted as its order. The core legal question concerned the regulation of the incumbent's tenure and the procedural requirements for filling the vacancy. The Court held that the incumbent, Air Commodore (Retd.) M. Idrees, would continue to serve until December 14, 2000, subject to applicable rules. Furthermore, the Court mandated that the post be advertised one month prior to the expiry of this term to initiate a prescribed selection procedure, explicitly noting that Mr. Shamim-ud-Din, Controller of Airworthiness, would be eligible for consideration alongside other candidates. This judgment establishes the principle that administrative appointments within statutory bodies must adhere to prescribed selection procedures and transparent recruitment processes, even when tenure is extended by consent.
- Can the Supreme Court dispose of service-related appeals based on a consent order between the parties?
- Is the selection process for the post of Director Airworthiness subject to prescribed rules and public advertisement?
ORDER
NAZIM HUSSAIN SIDDIQUI, J.- By consent of learned counsel of the parties the following order is passed:-
(i) Air Commodore (Retd.) M. Idrees will continue to serve as Director Airworthiness till 14th December, 2000, subject to the rules.
(ii) Before one month of expiry of th aforesaid date, the post would be advertised tor selection of new incumbent after going through the prescribed selection procedure.
(iii) Mr. Shamim-ud-Din Controller of Airworthiness may be considered for his appointment as Director, Airworthiness (alongwith other eligible candidates).
2. In above terms, Civil Appeal No. 432/99 and Civil Petition No. 668/99 stand disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.