AHMAD MUKHTAR vs GOVERNMENT OF THE PUNJAB through Chief Secretary Ss

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AHMAD MUKHTAR VS GOVERNMENT OF THE PUNJAB through Chief Secretary Ss. 2(xxiii) & 2(xxv)---Constitution of Pakistan, Art. 199---Punjab Communication and Works Department (Engineering Posts Qualification and Conditions Recruitment) Rules, 1985, [as amended vide Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021]---Post of Executive Engineer in Communication and Works Department---Entitlement for promotion---Criteria---Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021 ('the Notification'), vires of---Constitutional petition challenging the Notification---Maintainability---Petitioners (Sub-Divisional Officers) professional / registered engineers having qualified from accredited universities, who expected to be promoted to the next higher post of Executive Engineer, challenged the Notification---Official Respondents (Government / Department raised objection regarding Constitutional jurisdiction of the High Court regarding subject matter---Held, that objection regarding constitutional jurisdiction of the High Court was misconceived as the High court could pass order on the subject matter---Thus, constitutional petition, in the present case, was maintainable---High Court set aside the impugned Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021 for being without lawful authority---Constitutional petition filed by Sub-Divisional Officers (professional / registered engineers), was allowed, in circumstances. Citation Name: 2024 PLC(CS) 376 LAHORE-HIGH-COURT-LAHORE AHMAD MUKHTAR VS GOVERNMENT OF THE PUNJAB through Chief Secretary Ss. 2(xxiii) & 2(xxv)---Punjab Communication and Works Department (Engineering Posts Qualification and Conditions Recruitment) Rules, 1985 [as amended vide Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021]---Post of Executive Engineer in Communication and Works Department---Entitlement for promotion ---Criteria---Qualification---Whether degree obtained from accredited universities or degrees of B.Tech (Hons) or BS Engineering Technology---Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021 vires of---Petitioners (Sub-Divisional Officers) having qualification of professional / registered engineers obtained from accredited universities, who expected to be promoted to the next higher post of Executive Engineer, challenged the Notification---Contention of the petitioners was that by amendments made in the Punjab Communication and Works Department (Engineering Posts Qualification and Conditions Recruitment) Rules, 1985 ('the Rules 1985') 5% quota to the post of Executive Engineer was reserved for Sub-Divisional Officers (Assistant Engineers/Directors) holding B.Tech (Hons) or BS Engineering Technology ,thus diluting the earlier 100% seats reserved for the petitioners under the Rules --- Validity ---Record revealed that, regarding present issue, a meeting of Qualification Equivalence Determination Committee (QEDC) had taken place ,having participants from all stake-holders; minutes of which (meeting) revealed that the meeting, inter alia, unanimously held that the degree of B.Tecch (Hons) was not similar to B.E./BSc Engineering and could not be equated with the same as the contents of both the degrees were altogether different ---Post of Executive Engineer could only be filled up by persons who had a degree in Engineering in the requisite discipline from a recognized University and equivalent qualification and was registered as a professional engineer with Pakistan Engineering Council (PEC) ----Thus, the Official Respondents (Government/Department) had no authority to change the criteria for granting a right of promotion to persons who did not qualify the same in terms of Pakistan Engineering Council Act, 1975---Official respondents could not dispute that only a professional engineer , having the requisite qualification, could be promoted to the post of Executive Engineer---High Court set aside the impugned Notification No. SOR-III(S&GAD)1-11/2020(A) dated 04-09-2021 for being without lawful authority---Constitutional petition filed by Sub Divisional Officers (professional / registered engineers), was allowed, in circumstances.

AHMAD MUKHTAR vs GOVERNMENT OF THE PUNJAB through Chief Secretary Ss — 2024 PLC(CS) 376 LAHORE-HIGH-COURT-LAHORE

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