KARACHI, April 5: Squash legend Jehangir Khan, who was removed from the service of PIA recently, has challenged the decision in the Federal Service Tribunal.

Represented by Khwaja Shamsul Islam advocate, Jehangir has filed the appeal under section 4 of the federal service tribunal act, 1973, being aggrieved by the abrupt order of compulsory retirement and subsequent rejection of his departmental appeal, allegedly without assigning any cogent and valid reasons in complete violation of Section 24-A of the General Clauses Act.

The appellant, who was ten-time British Open Champion and six times world champion, has become a legend in his life-time, became a phenomena all over, has preferred the appeal on the ground that the impugned orders are illegal, violative of fundamental rights of the appellant as rule of natural justice is a trite (ordinary) law and has to be read with all the rules, regulations and laws as well as bad in law and facts.

It is also Jehangir’s contention that his mandatory retirement from PIA is also violative of the airline’s own rules and regulations.

The decision of the board of directors and the administrative orders 40 & 41, and the Mandatory Early Retirement Scheme are without lawful authority and in contravention of the Pakistan International Airline Corporation Act, 1956 in as much as the same are not based upon or in furtherance of any provision of the said Act.

Additionally the same are in blatant violation of Section 3 of the Removal from Service (Special Powers) Ordinance, 2000 wherein the grounds and procedure for mandatory retirement are prescribed which have not been followed.

The appellant has pointed out that Policies and Procedures Section of the Respondent Corporation vide its circular No. 37/2001 dated 17-10-2001 informed all the administrative managers that the Removal from Service (Special Powers) Ordinance, 2000 was not being followed and they should follow strictly the procedure laid down therein. Despite the said circular, the Mandatory Retirement Scheme was not only announced vide Admn. Order 41, dated 1-11-2001 (Annex-F), but Clause 4 of the said order stipulated that it supersedes all other orders, circulars policies which goes all out to show the highhandedness of the respondents.

The orders of compulsory retirement are also opposed to the principle of natural justice inasmuch as no show-cause notice or opportunity of hearing was provided to the appellant before passing the impugned order which is also a blatant violation of settled law in this regard as also of Article 3 of PIAC (Suspension of Trade Unions and Existing Agreements) Order 2001, which was circulated by the GM Human Resources of the respondent.