Law: Boilers and Pressure Vessels Ordinance, 2002

Section: 29

Law: Constitution of Pakistan, 1973

Section: 199

Boilers and Pressure Vessels Ordinance (CXXI of 2002)---   ----S. 29---Pakistan Boiler Rules, 2007, R.3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Qualification of Chief Inspector of Boilers---Petitioner who was a Deputy Chief Inspector of Boilers and serving as acting Chief Inspector of Boilers, was aggrieved by two notifications whereby the prescribed qualification of Chief Inspector of Boilers had been confined to M.Sc. Mechanical Engineering or B. Tech. (Honour) (Mechanical)---Petitioner was holding a diploma in the subject which would be the prescribed qualifications for the post of Chief Inspector, if the notifications in question were excluded from consideration---Petitioner challenged the competence of the Provincial Government to issue the notifications after $.29 of the Boilers and Pressure Vessels Ordinance, 2002, a federal law, had vested rule making power in the Federal Boiler and Pressure Vessel Safety Board instead of the Provincial Government---Petitioner contended that qualification laid down in R.3 of Pakistan Boiler Rules, 2007 had overriding effect for the appointment of the Chief Inspector and that notifications issued by the Provincial Government that purported to alter the qualification of eligibility for the post of the Chief Inspector were allegedly incompetent for exceeding the qualifications laid down in R.3 of Pakistan Boiler Rules, 2007---Validity---Petitioner was a civil servant in the Provincial Government and his terms and conditions of service were regulated by the Recruitment Rules framed under the Punjab Civil Servants Act, 1974---By questioning the vices of the Provincial Recruitment Rules on the touchstone of the Federal Boiler Rules, was a matter that concerned the eligibility of the petitioner for appointment to office of Chief Inspector---Competent forum to determine his terms and conditions of service was the Punjab Service Tribunal---By the nature of the dispute, the matter was liable to be dealt with by the Service Tribunal---No view was expressed by High Court on the merits of the petitioners challenge which would be determined by the Tribunal in accordance with law---Order…

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