| Case ID |
158a8d16-3641-4055-8df3-60996911a7b0 |
| Body |
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| Case Number |
Civil Appeals Nos.31, 32 of 1991 and 57 of 1992 |
| Decision Date |
Oct 13, 1993 |
| Hearing Date |
Oct 13, 1993 |
| Decision |
The Supreme Court determined that Diploma Engineers employed in Pakistan Railways cannot be debarred from promotion to Grade-18 solely on the basis of their non-registration as 'professional engineers' with the Pakistan Engineering Council. The court emphasized that the provisions of the Pakistan Engineering Council Act are wide enough to include individuals engaged in professional engineering works, regardless of their employment status. The appeals were dismissed as withdrawn due to the promotion of one of the appellants to Grade-18 during the pendency of the appeals, indicating that the apprehension regarding the enforcement of the earlier decision was unfounded. |
| Summary |
This case revolves around the eligibility of Diploma Engineers for promotion to Grade-18 within Pakistan Railways, despite not being registered as professional engineers with the Pakistan Engineering Council. The Supreme Court of Pakistan heard three civil appeals together, focusing on whether the provisions of the Pakistan Engineering Council Act, 1976, which regulates the practice of engineering in Pakistan, apply to diploma holders. The court's decision underscored the importance of recognizing the qualifications and seniority of diploma engineers while clarifying the legal boundaries set by the Act. The ruling is significant for professionals in the field of engineering and has implications for employment practices within government and private organizations. The case reflects ongoing debates about qualifications, professional standards, and regulatory compliance in the engineering sector, making it essential for stakeholders to understand the legal framework governing engineering professions in Pakistan. Keywords: Diploma Engineers, Pakistan Engineering Council, promotion, Grade-18, legal compliance, engineering qualifications. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Pakistan Railways,
Pakistan Engineering Council,
Ministry of Water and Power
|
| Judges |
NASIM HASAN SHAH, CJ,
MUHAMMAD RAFIQ TARAR,
MANZOOR HUSSAIN SIAL, JJ
|
| Lawyers |
Hamid Khan, Advocate,
Ejaz Ahmad Khan, Advocate-on-Record,
Faqir Muhammad Khokhar, Deputy Attorney-General,
Ch. Fazal-i-Hussain, Advocate,
Abid Hassan Minto, Advocate
|
| Petitioners |
MAQBOOL AHMAD and 5 others,
PAKISTAN DIPLOMA ENGINEERS FEDERATION (REGISTERED),
PAKISTAN ENGINEERING COUNCIL through Registrar
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary, Ministry of Water and Power, Government of Pakistan, Islamabad and 9 others,
MUHAMMAD AZIM JAMALI and 44 others
|
| Citations |
1994 SLD 904 = 1994 PLC 1105
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Engineering Council Act (V of 1976)
|
| Sections |
27,
2(k)
|