| Citation(s) |
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| 2018 SLG 2542 2018 SLD 2542 = 2018 SCMR 2098 |
C.P. No. 78-K of 2015, decision Dated: 03-10-2018, hearingDate : 24-04-2018. On appeal against order Dated 21.11.2014passed by the Sindh Service Tribunal, Karachi, in Appeal No.195 of 2014
GULZAR AHMED, JUSTICE QAZI FAEZ ISA, JUSTICE SARDAR TARIQ MASOOD, JUSTICE
RESPONDENT(S) BY: CHIEF MINISTER SINDH AND OTHERSSalah-ud-Din Ahmed, Advocate Supreme Court for Petitioner No. 1Rasheed A Rizvi, Senior Advocate Supreme Court for Petitioner Nos. 2 & 3Sabtain Mehmood, Assistant A.G. Sindh for
Respondent Nos. 1 to 4.Ghulam Haider Shaikh, Advocate Supreme Court for
Respondent No. 5Nemo for
Respondents Nos. 6, 7 & 9Dr. Muhammad Farough Naseem, Advocate Supreme Court for
Respondents Nos. 8 & 12M. Aqil Awan, Senior Advocate Supreme Court for
Respondents Nos. 10, 11, 13 to 17
MAULA BUX SHAIKH AND OTHERSVS--Respondent BY: CHIEF MINISTER SINDH AND OTHERS
Law: Pakistan Engineering Council Act, (V of 1976)
Section: 2(ii),2(xxiii),2(xxv),2(xxvii),10(1),Fir standSecond Schedule
Pakistan Engineering Council Act, 1975 (V of 1976)--- ----Ss. 2(ii), 2(xxiii), 2(xxv), 2(xxvii) & 10(1) & First and Second Sched.---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules 1974, R. 3(2)---Promotion---Criteria/education qualification for promotion to next grade---Domain of Executive---Notification for promotion to post of Executive Engineer (BS-18)---Said notification provided 13% promotion quota to Diploma holders and 7% promotion quota to B.Tech (Hons.) degree holders---Plea of petitioner/Assistant Engineer (BS-17) that work of Executive Engineer BS-18 was strictly that of a Professional Engineer, who had an engineering degree from an Accredited Engineering Institution in the country or abroad as included in the First and Second Schedule of the Pakistan Engineering Council Act, 1975, and that Diploma holders and B.Tech (Hons.) degree holders were not professional engineers and could not perform work of a Professional Engineer---Validity---Deciding whether a particular academic qualification of a civil servant/employee was sufficient for promotion from one grade to another higher grade fell under the domain of the Government, whereas it is in the domain of the Pakistan Engineering Council to decide whether a particular academic qualification could be equated with another academic qualification but it had no power to say that a civil servant/employee holding particular academic qualification could not be promoted from a particular grade to a higher grade---Impugned notification could not be validly or justifiably challenged on the ground that it impinged or infringed upon any of the provisions of the Pakistan Engineering Council Act, 1975, and thus would be ultra vires---Provisions of said Act nor the rules and regulations made under it would operate as bar on Government to prescribe for qualification and other conditions of service of civil servants/employees for promotion to higher grade---Supreme Court dismissed the petition and refused leave with the direction that the Government shall not allow or permit any person to perform professional engineering work as defined in the Pakistan Engineering Council Act, 1975, who did not…