Law:

Section:

Pakistan Engineering Council Act (V of 1976)-------Ss. 2(j)(k); 3 & 8---Balochistan Irrigation and Power Department Engineers (Civil, Electrical and Mechanical Grade-16 and above) Service Rules, 1981, Appendix, Items Nos.3 & 4---Balochistan Public Health Engineering Department (Civil, Electrical and Mechanical B-I6 and Above) Service Rules, 1989, Appendix, Items Nos,3 & 4---Promotion---Civil servants who joined as Assistant Engineers .(B-I7) after completion of five years' service had claimed to have become eligible for promotion to the post of Executive Engineers (B-I8)---As per appendices attached to Service Rules, 1981 and 1989, Diploma Holders Sub--Divisional Officers were not eligible for the post of Executive, Engineers (B-I8), but after amendment made in the, said Rules, quota of promotion of said post was revised---Civil servants had challenged the amendment alleging that same had adversely affected terms and conditions of their service and also was contrary to provisions of Pakistan Engineering Council Act, 1976---Government had exclusive powers and authority to amend any law or rule and could change its policy, but not in contravention of any law---Government concerned could only decide whether a particular academic qualification of a civil servant/employee was sufficient for promotion to a higher grade---No legal bar was there on the Government in that respect unless and until said vested power was used and exercised in unjust and illegal manner and the civil servants had failed to establish any of such infirmity---Functions of Pakistan Engineering Council were to regulate the persons qualified to practise as professional engineers and consulting engineers and not related to those who were employed in the Government or Semi-Government organisations--­Pakistan Engineering Council was fully competent and had full authority to take legal action against the concerned person or Authority if there was any violation of the rule/law that professional engineering work was assigned to any one who was not legally registered with the Council---Civil servants had failed to prove that impugned amendment was in conflict with provisions of Pakistan…

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