| Case ID |
04ac0472-3a20-4093-81e2-f51658aae817 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No.1764 of 2021 |
| Decision Date |
Sep 29, 2021 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that the impugned notification issued by the Ministry of Housing and Works was without lawful authority. The court emphasized that the terms and conditions of civil servants cannot be altered without proper consultation with the Establishment Division as required by the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and the Rules of Business, 1973. The court found that the notification reserving 10% of the posts for promotion to Executive Engineer for B.Tech degree holders was issued without the necessary legal authority and thus had no legal effect. This ruling strengthens the legal framework governing the qualifications required for engineering positions within the government, reiterating that only licensed professional engineers can hold such posts. |
| Summary |
In the case of Writ Petition No.1764 of 2021, the Supreme Court of Pakistan dealt with the legality of a notification issued by the Ministry of Housing and Works, which reserved 10% of the posts of Executive Engineer for individuals possessing a B.Tech degree. The court ruled that the notification was issued without lawful authority, violating procedural requirements under the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and the Rules of Business, 1973. The court highlighted that any changes to the terms and conditions of civil servants must be made by the competent authority in consultation with the Establishment Division. This decision underscores the importance of adhering to established legal frameworks when making administrative decisions regarding civil service appointments and promotions, ensuring that only qualified individuals are appointed to engineering positions, thereby maintaining the integrity of the engineering profession. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Babar Sattar
|
| Lawyers |
Ali Nawaz Kharal,
Umar Ijaz Gillani,
Ch. Fayyaz Hussain Dhariwal,
Muhammad Irfan,
Syed M. Ibrahim Shah
|
| Petitioners |
others,
AFNAN FARID
|
| Respondents |
FEDERATION OF PAKISTAN,
others
|
| Citations |
2023 SLD 2007
|
| Other Citations |
Lahore Development Authority v. Imrana Tiwana 2015 SCMR 1739,
Maula Bux Shaikh v. Chief Minister Sindh (2018 SCMR 2098),
Muhammad Younus Aarin v. Province of Sindh (2007 SCMR 134)
|
| Laws Involved |
Constitution of Pakistan, 1973,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973,
Rules of Business, 1973
|
| Sections |
199,
212,
3,
11
|