| Citation(s) |
|---|
| 1995 SLG 752 1995 SLD 752 1995 PLD 701 |
Supreme Court of Pakistan
Suo Motu Review Petition No. 52 of 1993, decision dated:5-06-1995, hearing DATE : 5-06-1995.
SAJJAD ALI SHAH, CHIEF, JUSTICE, AJMAL MIAN, JUSTICE MANZOOR HUSSAIN SIAL, JUSTICE MUHAMMAD MUNIR KHAN, JUSTICE AND MIR HAZAR KHAN KHOSO, JUSTICE
Suo Motu Review Petition No. 52 of 1993, decision dated:5-06-1995, hearing DATE : 5-06-1995.
SAJJAD ALI SHAH, CHIEF, JUSTICE, AJMAL MIAN, JUSTICE MANZOOR HUSSAIN SIAL, JUSTICE MUHAMMAD MUNIR KHAN, JUSTICE AND MIR HAZAR KHAN KHOSO, JUSTICE
FIDA HUSSAIN VSTHE SECRETARY, KASHMIR AFFAIRS AND NORTHERN AFFAIRS DIVISION, ISLAMABAD AND another
Law: Pakistan Engineering Council Act, 1975
Section: 2,8
Law: Constitution of Pakistan, 1973
Section: 25,188,212
(a) Pakistan Engineering Council Act (V of 1975)--- ----S. 8- -Constitutions of Pakistan (1973;. Arts. 25 & 212- --Promotion of civil servant from any particular grade to higher grade Authority competent to order such promotion- --Government has the exclusive domain to decide whether any particular qualification would be considered sufficient for; promotion from any particular grade to higher grade and Government is; vested with exclusive domain to change such policy from time to time, for no body could claim any vested right in that policy- --Pakistan Engineering Council, however, has exclusive domain to decide, as to whether any particular qualification could be equated with another academic qualification but would have no power to say that civil servant/employee holding particular academic. qualification could not be promoted from a particular grade to higher grade- -Government cannot abdicate its power to decide such question in favour of a corporate body which is not in its control nor it can act in a manner which might be violative of Art. 25 of the Constitution on account of being discriminatory. Muhammad Siddique Nasim v. Secretary, Government of the Punjab, Irrigation and Power Department, Lahore 1987 SCMR 302; Muhammad Azim Jamali and 11 others v. Government of Pakistan through Secretary/Chairman, Ministry of Railways and 33 others 1992 PLC (C.S.) 637 and Pakistan Diploma Engineers Federation (Registered) through its Chairman v. Federation of Pakistan through Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and 9 others 1994 SCMR 1807 ref. (b) Pakistan Engineering Council Act (V of 1975)--- ----Ss. 2 & 8- --Pakistan Engineering Council- --Functions- -Pakistan Engineering Council is vested with functions to regulate persons qualified to practise as professional engineers and consulting engineers and not persons who were employed in the Government or semi-Government organizations- -Where Government had employed any professional engineer, for performing professional engineering work as envisaged in cl. (k) of S.2 of the Act, provisions of the Act would be attracted and not otherwise. (c) Civil service-.. ----Pakistan…
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