GHULAM ABBAS SOOMRO vs The PROVINCE OF SINDH Ss — 2024 PLC(CS) 569 SUPREME-COURT

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GHULAM ABBAS SOOMRO VS The PROVINCE OF SINDH Ss. 2(x), 2(xii) & 2(xiv)---Constitution of Pakistan, Art. 25---Persons working in the Government departments, autonomous bodies, local authorities and private firms or companies---Whether provisions of Pakistan Engineering Council Act, 1975 ['PEC Act'] are applicable to such persons---Conflicting judgments of the Supreme Court---Post of Executive Engineer (BS-18)---Case reported as Fida Hussain v. The Secretary, Kashmir Affairs and Northern Affairs Division, Islamabad (PLD 1995 SC 701) ['Fida Hussain's case'] provides that if the Government employs a professional engineer as defined in the PEC Act for performing professional engineering work as envisaged by the PEC Act in section 2, the provisions of the PEC Act would be attracted and not otherwise---Whereas the case reported as Maula Bux Shaikh v. Chief Minister Sindh and others (2018 SCMR 2098) ['Maula Bux Shaikh's case'] introduces a cautionary note and explicitly dictates the Government regarding postings and transfers of Executive Engineer (BS-18) and directs that the Government shall not allow or permit any person to perform professional engineering work as defined in the PEC Act, who does not possess accredited engineering qualification from the accredited engineering institution and his name is not registered as a registered engineer or professional engineer under the PEC Act---This cautionary note raises critical concerns about the permissibility of employing engineers not licensed by the PEC for professional engineering tasks, which, according to the PEC Act, should only be undertaken by licensed professionals---Effect of these cases creates a scenario: where a person, on the one hand, is eligible to be promoted to the post of Executive Engineer (BS-18), but on the other hand, is denied to perform professional engineering works entailed for an Executive Engineer (BS-18)---This raises a very serious issue that may lead to creating different classes of employees within the same cadre, one who is eligible to perform professional engineering works, while the other is denied the same, and thus, exposing the current position to be against the principle of equality and nondiscrimination provided under Article 25 of the Constitution---Accordingly, it would be safe to hold that, while both cases, Fida Hussain's case and Maula Bux Shaikh's case, affirm that it is the domain of the Government concerned to decide, whether a particular academic qualification of a civil servant employee is sufficient for promotion from one Grade to another higher Grade---However, the questions which still alludes a definite determination are: whether any governmental policy regarding promotion can be given effect if the same can lead to the violation of the PEC Act or any other statute or expose the person who benefited from such policy to a criminal liability; and whether denying an Executive Engineer (BS-18) to perform professional engineering works entailed for an Executive Engineer (BS-18) creates different classes of employees within the same cadre, thereby violating the principle of equality and nondiscrimination provided under Article 25 of the Constitution---In the circumstances, the present case warrants further consideration but before a larger bench of the Supreme Court---Supreme Court directed Office to place the present case before the Committee constituted under section 2 of the Supreme Court (Practice and Procedure) Act, 2023 for fixation of the case before an appropriate bench.

GHULAM ABBAS SOOMRO vs The PROVINCE OF SINDH Ss — 2024 PLC(CS) 569 SUPREME-COURT

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