Case Details

Citation(s)
2014 SLG 237 2014 SLD 237 2014 PLC 900
Lahore High Court
Writ Petition No. 19748 of 2013, decided on 13th March, 2014. Date of hearing: 3rd March, 2014.
SHEZADA MAZHAR, J
Malik Muhammad Awais Khalid for Petitioner. Ali Akbar Qureshi for
Respondents.

KHURRAM NAWAZ SIDDIQUI and another

VS

DEPUTY DIRECTOR (ADMN.), FAISALABAD DEVELOPMENT AUTHORITY and 4 others

Law:

Section:

(a) Pakistan Engineering Council Act, 1975 (V of 1976)--- ----Ss. 2(xxiii), 10 & 27(5A)---Pakistan Council of Architects and Town Planners Ordinance (IX of 1983), Ss.2(a) & (b) & 10---General Clauses Act (X of 1897), S.24-A---Constitution of Pakistan, Arts.4, 25 & 199---Constitutional petition---Regularization of employment---Principle of legitimate expectancy---Petitioners employees were aggrieved of orders of Employer Development Authority for submission of their registration certificate with Pakistan Engineering Council and Pakistan Council of Architects and Town Planners for the extension of their contract after expiry of six months---Such conditions were not added in earlier contract (at the time of appointment)---Requirement of registration with the Engineering Council and Council of Architects was mentioned in the Advertisement published for the appointment---Petitioners alleged that condition of registration was an afterthought---Validity---For an Engineer and Architect/Town Planner, it was necessary for them to have studied the course which had been duly accredited by the respective Councils and if they had not studied the accredited course, they would not get registration from the said Councils---Section 2(a) & (b) of the Pakistan Council of Architects and Town Planners Ordinance, 1983 and S.2(xxiii) of Pakistan Engineering Council Act, 1975 provided that the petitioners could not be called Architect/Planner or Engineer unless they were holding degree from an institution whose programs were duly accredited by the respective Council---Constitutional petition was dismissed. (b) Pakistan Engineering Council Act, 1975 (V of 1976)--- ----S. 27(5A)---Holding of post in an engineering organization to perform professional engineering work---Condition---In order to work in any engineering organization engineers were required to get them registered with the Pakistan Engineering Council as a registered engineer or professional engineer. (c) Punjab Development of Cities Act (XIX of 1976)--- ----S. 7---Pakistan Engineering Council Act, 1975 (V of 1976), S.2(xxv)---Development Authority---"Engineering Organization"---Determination--- Development…
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