ANL 14.75 Increased By ▲ 0.18 (1.24%)
ASC 14.00 Increased By ▲ 0.45 (3.32%)
ASL 15.10 Increased By ▲ 0.50 (3.42%)
BOP 8.60 Increased By ▲ 0.18 (2.14%)
BYCO 6.69 Increased By ▲ 0.19 (2.92%)
FCCL 18.80 Increased By ▲ 0.70 (3.87%)
FFBL 26.50 Increased By ▲ 0.20 (0.76%)
FFL 11.19 Increased By ▲ 0.04 (0.36%)
FNEL 10.89 Decreased By ▼ -0.01 (-0.09%)
GGGL 15.70 Increased By ▲ 0.45 (2.95%)
GGL 32.11 Increased By ▲ 0.31 (0.97%)
HUMNL 6.35 Increased By ▲ 0.14 (2.25%)
JSCL 17.26 Decreased By ▼ -0.03 (-0.17%)
KAPCO 33.25 Increased By ▲ 1.85 (5.89%)
KEL 3.23 Increased By ▲ 0.02 (0.62%)
MDTL 2.27 Increased By ▲ 0.07 (3.18%)
MLCF 36.45 Increased By ▲ 2.34 (6.86%)
NETSOL 102.16 Increased By ▲ 3.66 (3.72%)
PACE 4.40 Increased By ▲ 0.14 (3.29%)
PAEL 23.55 Increased By ▲ 0.40 (1.73%)
PIBTL 7.70 Increased By ▲ 0.10 (1.32%)
POWER 6.76 Increased By ▲ 0.11 (1.65%)
PRL 13.93 Increased By ▲ 0.23 (1.68%)
PTC 9.07 Increased By ▲ 0.20 (2.25%)
SILK 1.35 No Change ▼ 0.00 (0%)
SNGP 41.80 Increased By ▲ 1.09 (2.68%)
TELE 16.93 Increased By ▲ 0.50 (3.04%)
TRG 90.51 Increased By ▲ 3.66 (4.21%)
UNITY 25.30 Increased By ▲ 0.10 (0.4%)
WTL 2.15 Increased By ▲ 0.01 (0.47%)
BR100 4,665 Increased By ▲ 4.73 (0.1%)
BR30 18,674 Decreased By ▼ -129.79 (-0.69%)
KSE100 45,072 Decreased By ▼ -257.67 (-0.57%)
KSE30 17,430 Decreased By ▼ -120.87 (-0.69%)

Coronavirus
LOW Source: covid.gov.pk
Pakistan Deaths
28,728
1024hr
Pakistan Cases
1,284,840
47524hr
1.12% positivity
Sindh
475,616
Punjab
443,094
Balochistan
33,479
Islamabad
107,689
KPK
179,995

ISLAMABAD: The Islamabad High Court (IHC) set aside a notification of the Ministry of Housing and Works to reserve 10 percent quota for the promotion of non-engineers to the post of executive engineer in the Public Works Department.

The Ministry of Housing and Works on 30th March 2021 issued a notification, wherein, it declared that 10 percent of the posts of the executive engineer (Civil) (BS-18) are to be allocated and reserved for promotion of assistant executive engineer (Civil) (BS-17), possessing B-Tech degree to the post of the executive engineer (QS) (BS-18) and that such executive engineers (BS-18) shall not carry out duties as professional engineers.

The judgment, authored by Justice Babar Sattar, noted that the impugned notification was issued in breach of provisions of the Rules of Business, 1973, the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, and the Pakistan Engineering Council Act, 1976 and also not backed by legal authority.

The judgment stated that the federal government is bound by provisions of the PEC Act to the extent of the terms and conditions of persons discharging professional engineering work as defined under Section 2(xxv) of the PEC Act.

“What the federal government can certainly not do is declare that a post that involves discharging, performing or supervising professional engineering work is to be filled by someone who is not a professional engineer as defined under Section 2(xxiii) of the PEC Act subject to the condition that such non-engineer will no perform professional engineering work while serving against a post that requires performance of professional engineering work,” the judgment said.

Four executive engineers (Civil) of Pakistan Public Works Department (PWD) have challenged and impugned the notification issued by the Ministry of Housing and Works Department, and cited its secretary and director general and secretary Establishment Division as respondents.

They submitted that the job description of an executive engineer involved quintessential engineering functions and such functions could only be discharged by a licensed engineer in view of the provision of the Pakistan Engineer Council (PEC) Act, 1976. That in view of the provisions of the PEC Act, B-Tech degree was a diploma not recognised as an engineering qualification by the PEC and consequently, the Ministry of Housing and Works Department could not issue a notification stating that 10 percent of the appointment of executive engineer (BS-18) would be reserved for those possessing B-Tech degrees, which were not recognised engineering qualification.

The court noted that the secretary Ministry of Housing and Works is vested with no legal authority to approve any changes to the terms and conditions that apply to civil servants. Such changes can only be introduced by the competent authority under the Civil Servant Act, 1973, and the Rules and Regulations framed thereunder.

The secretary Ministry of Housing and Works is not the competent authority to change the terms and conditions of civil servants who serve within the M/O Housing and Works. Consequently, the impugned notification is without lawful authority and of no legal effect.

The IHC maintained that as per the judgments of the Supreme Court, PEC is the regulator of engineering professionals and only such persons can be licensed as professional engineers who have recognised engineering degrees and licensed by the PEC in accordance with the rules and regulations framed under the PEC Act.

Copyright Business Recorder, 2021

We love hearing your feedback, please help us improve by answering these few survey questions

Comments

Comments are closed.

2 Comment(s)
Sort By
Asad Oct 25, 2021 10:44pm
Were is the judgment please give the case number
thumb_up Recommended (0)
Asad Oct 25, 2021 10:45pm
Were is judgment number
thumb_up Recommended (0)