| Citation(s) |
|---|
| 2024 SLG 2781 2024 SLD 2781 = 2024 SCMR 673 = 2024 SCP 79 |
Supreme Court of Pakistan
Civil Appeal No. 84-K of 2023, decided on 7th February,2024.(Against the order dated 28.01.2021 passed by theSindh Service Tribunal, at Karachi in Appeals Nos. 19 and 20of 2020).Date of hearing: 7th February, 2024.
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Abdul Salam Memon, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record for Appellant.Sibtain Mehmood, Addl. A.G., Ms. Abida Parveen Channar, Advocate-on-Record, M. Nawaz, Secretary, Works and Altaf Hussain Memon, D.S. for
Respondents.
Civil Appeal No. 84-K of 2023, decided on 7th February,2024.(Against the order dated 28.01.2021 passed by theSindh Service Tribunal, at Karachi in Appeals Nos. 19 and 20of 2020).Date of hearing: 7th February, 2024.
Present: Yahya Afridi, Syed Hasan Azhar Rizvi and Irfan Saadat Khan, JJ
Abdul Salam Memon, Advocate Supreme Court and Ghulam Rasool Mangi, Advocate-on-Record for Appellant.Sibtain Mehmood, Addl. A.G., Ms. Abida Parveen Channar, Advocate-on-Record, M. Nawaz, Secretary, Works and Altaf Hussain Memon, D.S. for
Respondents.
GHULAM ABBAS SOOMRO---Appellant
VS
The PROVINCE OF SINDH and others---Respondents
Law: Pakistan Engineering Council Act, (V of 1976)
Section: 2(x)2(xii)2(xiv)
Law: Constitution of Pakistan, 1973
Section: 25
Pakistan Engineering Council Act, 1975 (V of 1976)-------Ss. 2(x), 2(xii) & 2(xiv)---Constitution of Pakistan, Art. 25---Persons working in the Government departments, autonomous bodies, local authorities and private firms or companies---Whether provisions of Pakistan Engineering Council Act, 1975 ['PEC Act'] are applicable to such persons---Conflicting judgments of the Supreme Court---Post of Executive Engineer (BS-18)---Case reported as Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad (PLD 1995 SC 701) ['Fida Hussain's case'] provides that if the Government employs a professional engineer as defined in the PEC Act for performing professional engineering work as envisaged by the PEC Act in section 2, the provisions of the PEC Act would be attracted and not otherwise---Whereas the case reported as Maula Bux Shaikh v. Chief Minister Sindh and others (2018 SCMR 2098) ['Maula Bux Shaikh's case'] introduces a cautionary note and explicitly dictates the Government regarding postings and transfers of Executive Engineer (BS-18) and directs that the Government shall not allow or permit any person to perform professional engineering work as defined in the PEC Act, who does not possess accredited engineering qualification from the accredited engineering institution and his name is not registered as a registered engineer or professional engineer under the PEC Act---This cautionary note raises critical concerns about the permissibility of employing engineers not licensed by the PEC for professional engineering tasks, which, according to the PEC Act, should only be undertaken by licensed professionals---Effect of these cases creates a scenario: where a person, on the one hand, is eligible to be promoted to the post of Executive Engineer (BS-18), but on the other hand, is denied to perform professional engineering works entailed for an Executive Engineer (BS-18)---This raises a very serious issue that may lead to creating different classes of employees within the same cadre, one who is eligible to perform professional engineering works, while the other is denied the same, and thus, exposing the current position to be against the…