| Case ID |
3cbdf790-a005-4c2b-87c6-cafc1b4e5285 |
| Body |
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| Case Number |
Intra Court Appeal No. 62 of 2008 |
| Decision Date |
May 29, 2012 |
| Hearing Date |
Mar 19, 2012 |
| Decision |
The Islamabad High Court dismissed the intra-court appeal, affirming the decision of the Single Judge who had set aside the promotions of the appellants as Deputy Directors in the Capital Development Authority (CDA). The court ruled that under the Pakistan Engineering Council Act and the CDA Employees Service Regulations, only individuals registered as engineers could hold the posts of Engineer, Assistant Director, or Director. The court underscored that promotions based on illegal orders cannot be deemed legal, and any such orders could be rectified. Consequently, the division bench found no grounds to interfere with the Single Judge's conclusion, which was based on established facts and law. |
| Summary |
This case revolves around the legality of promotions within the Capital Development Authority (CDA) concerning employees who were not registered as professional engineers with the Pakistan Engineering Council. The Islamabad High Court addressed the promotion of individuals who held diplomas but were promoted to higher positions, which contravened the established regulations requiring formal registration as professional engineers. The court emphasized the importance of adhering to legal qualifications in engineering roles to ensure effective governance and service delivery. The judgment highlighted the significance of lawful procedures in promotion practices and the need for regulatory compliance in public service. The ruling is crucial for maintaining standards within engineering professions and serves as a precedent for similar cases in the future. |
| Court |
Islamabad High Court
|
| Entities Involved |
Capital Development Authority
|
| Judges |
SHAUKAT AZIZ SIDDIQUI,
MUHAMMAD ANWAR KHAN KASI
|
| Lawyers |
Abdur Rahim Bhatti,
Dr. Muhammad Azam Khan Chaudhary,
Zulfiqar Khalid Maluka,
Hafiz Arfat Ahmad,
Muhammad Akram Sheikh (ASC),
Barrister Sajeel Sheryar Swati,
Haseeb Muhammad Chauhdary
|
| Petitioners |
ANOTHER,
MOHAMMAD ASHRAF
|
| Respondents |
OTHERS,
MOHAMMAD ASGHAR ZARDARI
|
| Citations |
2018 SLD 575,
2018 PLC 257
|
| Other Citations |
Fida Hussain v. Secretary, Kashmir Affairs and Northern Affairs Division PLD 1995 SC 701,
PLD 1973 SC 236,
1998 SCMR 516,
1986 SCMR 1071
|
| Laws Involved |
Pakistan Engineering Council Act, (V of 1976)
|
| Sections |
275(5-A)
|