Legal Case Summary

Case Details
Case ID 236906f9-7298-4245-9a25-498ec09bacbc
Body View case body.
Case Number C.P. No. 78-K of 2015
Decision Date Oct 03, 2018
Hearing Date Apr 24, 2018
Decision The Supreme Court of Pakistan dismissed the petition challenging the notification regarding promotion quotas for civil servants. The court upheld that the government has the authority to prescribe qualifications for promotions. It emphasized that the work of an Executive Engineer is strictly professional engineering work and can only be performed by professionals holding accredited engineering qualifications. The court concluded that the provisions of the Pakistan Engineering Council Act do not bar the government from determining qualifications for civil servant promotions. The petitioner's claim was dismissed as the notification was deemed valid and within the government's purview.
Summary In the case of C.P. No. 78-K of 2015, the Supreme Court of Pakistan addressed the promotion of civil servants under the Pakistan Engineering Council Act and Sindh Civil Servants (Appointment, Promotion and Transfer) Rules. The petitioner, a qualified engineer, challenged a notification that set promotion quotas favoring diploma holders and B.Tech (Hons) degree holders, arguing it violated the PEC Act. The court ruled in favor of the government, affirming its right to set qualifications for promotions. This case highlights the intersection of civil service regulations and engineering qualifications, underscoring the importance of accredited engineering degrees for professional roles in government. The ruling reinforces the legal standards governing the engineering profession and emphasizes the necessity of proper qualifications for those undertaking professional engineering work.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges Gulzar Ahmed, Qazi Faez Isa, Sardar Tariq Masood
Lawyers Mr. Salah-ud-Din Ahmed, ASC
Petitioners Others, Maula Bux Shaikh
Respondents Others, Chief Minister Sindh
Citations 2019 SLD 380, 2019 PLJ 91
Other Citations 2016 PTD 1675, PLD 1997 SC 32
Laws Involved Pakistan Engineering Council Act, Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
Sections 27(5A, 3(2)