Law:

Section:

(a) Pakistan Engineering Council Act (V of 1976)--   ---Ss.16 & 28(b)--Provisional Constitution Order (1 of 1981), Art.9- Pakistan Engineering Council--Authority--Job assigned to Council by virtue of Act being only to notify such institution as are to impart training to diploma-holders--Council beyond that, held, had no authority over such institution--Nothing would affect diploma-holder's right to execute or undertake work for which they were trained from such notified institutions--Very diploma of diploma-holders would be a certificate of authorization to act as trained personnel without being liable to extensive control of Engineering Council.   (b) Pakistan Engineering Council Act (V of 1976)--   ---S.28(b)--Provisional Constitution Order (1 of 1981), Art.9--Promotion to diploma-holders--Matter of policy--Master and servant, principle of- Employer feeling satisfied to get work out of diploma-holders, held, may give them any emoluments.   (c) Pakistan Engineering Council Act (V of 1976)--   ---S.28(b)--Provisional Constitution Order (1 of 1981), Art.9--Writ petition--Maintainability--Awarding promotion to employees, being entirely domestic affair of employer--Violation of rule by employer--Remedy, held, to be sought with employer itself--Writ petition not maintainable in circumstances.   Tanvir Bashir Ansari for Petitioners.   ORDER   This writ petition involves a contest between graduate Engineers and Diploma-holders. Both are employed by the C . D. A . , Islamabad. The petitioners graduates feel aggrieved of promotion of the respondents/Diploma-holders to the BPS 18 as it impedes their service prospects besides causing supersession in some cases.   2. It is contended that since they are not recognized by respondent No.2, namely the Pakistan Engineering Council, to act either as professional or consulting Engineers, they cannot take up the work of this nature and that without such authorization, they are liable even criminally under section 27 of the Pakistan Engineering Council Act. 1976. In fact, their very employment by the C.D.A. is challenged to be wholly illegal, without lawful authority…