' ANWAR ZAHEER JAMALI, J.---This Civil Petition for leave to appeal is directed against the order dated 16-6-2011 passed in Appeal No,07(K)CE/2011 by Federal Service Tribunal Islamabad (Karachi Bench), whereby the said appeal of the petitioner was dismissed inter alia, with the following observations:- "Being an employee of Civil Aviation Authority (CAA), is not a Civil Servant within the meaning of section 2(i)(b) of the Civil Servant Act, 1973. Furthermore, the rules of the respondent-department are not statutory. Therefore, in view of the judgment dated 13-4-2010 passed by the Hon'ble Supreme Court in Civil Petition No,1863 of 2009 and others (Executive Council, Allama lqbal Open University, Islamabad through its Chairman and another v. Dr.M. Tufail Hashmi and others), reported in 2010 SCMR 1484, this Tribunal has no jurisdiction and appeal is to abate. The appellant may approach the forum, having jurisdiction in the matter."
' The petitioner who has appeared in person has made reference of Article 7 of the Constitution read with section 16(3) of Civil Aviation Authority, Ordinance, 1982 and argued that definition of State in terms of Article 7 (ibid) when examined in the context of section 16(3) of the Ordinance, 1982 makes it abundantly clear that despite non-availability of statutory rules of the Civil Aviation Authority, it shall be deemed as a Government Department, and thus its employees shall have remedy before Federal Service Tribunal, regarding all grievances relating to their terms and conditions of service.
2. After careful examination of all the documents placed on record qua language of Article 7 of the Constitution and section 16(3) ibid, we are not impressed by the arguments of the petitioner.
Admittedly Civil Aviation Authority has no statutory rules and the only legal aspect of the case, whether in such circumstances jurisdiction of Federal Service Tribunal could be invoked by the employees of Civil Authority has been elaborately discussed and decided in the case of Muhammad Nawaz v. Civil Aviation Authority and others (2011 SCM R 523). The dicta laid down by the Court in this case are clearly applicable to the facts and circumstances of the present petition and we have no reason to depart from this view.
3. In view of the above, leave to appeal is refused and this petition is dismissed.