Law: Pakistan Engineering Council Act, (V of 1976)

Section: 27(5A)

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 3(2)

Pakistan Engineering Council Act, 1976-- ----S. 27(5A)--Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, R. 3(2)--Sindh Civil Servants Act, 1976, S. 26--Petitioner was serving as sub-engineer--Issuance of notification for promotion--Promotion quota legally entitlement--Matter of policy--Service appeal for promotion--Dismissed--Appeal Dismissed--Review--Allowed to consider case of promotion--Petitioner does not challenge government power for prescribing qualification and conditions of service of civil servants/employees for promotion to higher grade--We note that provisions of PEC Act nor rules and regulations made under it will operate as bar on government to prescribe for qualification and other conditions of service of civil servants/employees for promotion to higher grade--No person shall unless registered as a registered engineer or professional engineer, hold any post in an engineering organization where he has to perform professional engineering work--Government shall not allow or permit any person to perform professional engineering work as defined in PEC Act, who does not possess accredited engineering qualification from accredited engineering institution and his name is not registered as a registered engineer or professional engineer under PEC Act--Petition was dismissed. THIS JUDGMENT DELIVERED BY: GULZAR AHMED, J.- Maula Bux Shaikh, Petitioner No. 1, (the Petitioner) had filed a Service Appeal before the Sindh Service Tribunal, Karachi, (the Tribunal) challenging Notification No. SOI(W&S)E/12-1/2005 dated 19.03.2014 to be ultra vires the Pakistan Engineering Council Act, 1976 (PEC Act). The circumstances under which the Service Appeal was filed by the Petitioner are that he was employed as Sub Engineer BS--11 in the year 1985 in the Works and Services Department, Government of Sindh, Karachi. He was promoted as Assistant Engineer BS-17 in the year 1997 and since then has been serving in such post in his said department. The case of the Petitioner is that he is a qualified engineer holding degree of Bachelor of Engineering. He has unblemished service record and is eligible for promotion to the post of Executive Engineer BS-18…

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