PIA flouts rules, SC order and PPRA law for illegal appointee Asim Rauf (DGM-Legal)

By Nasir Mahmood

The Chief Executive Officer, Pakistan International Airlines, has been served with an Intimation Notice to not extend the contract of Asim Rauf (DGM-Legal) till decision of the Constitutional Petition No. 33978-2019 & Constitutional petition No. 8458-2017 pending before Lahore High court.

In this notice Nabeel Javed Kahloon, Legal consultant said that it has come to knowledge of his client that contract of Asim Rauf is going to be expired on 05.07.2019 and PIA office is in process to extend contract of Asim Rauf in violation of Supreme Court orders. Hence, it is intimated that the legality of Asim Rauf Contract appointment is pre-judiced before the Lahore High court through Constitutional Petition no. 33978-2019 & Constitutional petition no. 8458-2017. Therefore, any extension given by CEO, PIA office to the contract of Asim Rauf (DGM Legal) shall be his sole responsibility and in case of declaration of contract of Asim Rauf null & void by the honorable Lahore high court, his office shall be sole responsible & recoveries shall also be affected from him.

According to informed sources, Nabeel Javed on behalf of his client, a senior former Aviator Muhammad Ashraf had served upon the Chief Executive Officer, Pakistan International Airlines this intimation notice. He said that his client has filed Constitutional Writ petition No. 33978-2019 against illegal contract/ appointment of Asim Rauf (Deputy General Manger Legal) before honorable Lahore High court, Lahore which was fixed before Justice Shujjat Ali Khan for 03.07.2019, whereas the honorable Judge was pleased to send this writ petition along with another connecting Constitutional Writ petition no. 8458-2017 titled: (Mian Nasir vs. PIACL etc.) before the Honorable Chief Justice of Lahore High court Justice Sardar Shammem Khan for an appropriate order to be fixed before another appropriate bench.

The legal consultant stated that Asim Rauf was working as Deputy General Manager Legal services w.e.f. 08.01.2007 in Pakistan International Airlines on contract basis whereas he was appointed as Manager Legal without any advertisement published in any newspaper and without following the procedure of PPRA rules on contract for the period of 5 years from 2007 to 2012.

The appointment of Asim Rauf was in direct contradiction with the procedure laid down by the law makers as he had resigned from the PIACL and left PIACL on 30.03. 2009. He filed an application for re-employment in PIACL on 01.06.2011, whereas the previous management of PIACL accepted his application on 13.06.2011 and he was illegally re-employed from 06.07.2011 to 05.07.2013 as Manager Legal services. The service rules and regulations of PIACL do not allow re-employment as it is only allowed to those employees who become retired from PIACL after completing regular service only. Hence, the re-employment was made in grave violation of the rules and regulations of PIACL on 01.08.2011.

Asim Rauf illegally and unlawfully in collaboration with previous management was able to issue Personal order No. 01/2014 and unlawfully promoted and re-assigned as Deputy General Manger Legal services (On contract) w.e.f. 06.07.2013, whereas promotion on contract services is not warranted under the law neither PIACL rules and regulations.

Asim Rauf by illegal means was again able to get extension of his contract from 06.07.2013 to 05.07.2015 as Dy. General Manager Legal Services at PG- IX, whereas as per the Supreme Court judgment contract was banned. Hence extension of contract was also in violation of Supreme Court orders and was illegal unlawful and void abi natio on 01.01.2014.

Asim Rauf again, in violation of Supreme Court orders was able to extend his contract w.e.f. 06.07.2015 to 05.07.2017, whereas once again grave violation of PPRA rules, PIACL service rules and honorable Supreme Court orders was badly violated on 15.07.2015. He was again able to extend his Contract w.e.f. 06.07.2017 to 05.07.2019, whereas no fresh advertisement was published, without following PPRA rules & again in violation of honorable Supreme Court order.

Against these frequent violations, Legal Manager of PIACL Mian Nasir, Lahore filed writ petition No. 8458-2017 before Lahore High court and in order to defeat the writ petition Asim Rauf was transferred to DGM Flight Operations.

After passing few months Asim Rauf was transferred back as DGM Legal in December 2018, whereas it is settled principle of law that transfer is not allowed on Contract employment and all the acts of the previous management of PIACL were in violation of Judgment passed by the honorable Supreme Court of Pakistan, PPRA rules and also in violation of PIACL service rules and regulations, Nabeel Javed Kahloon, Legal consultant added

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