1991 PLP (C (PLC(CS))

This is to certify that Nayyar lqbal s/o Malik Aman was admitted in 1978 to the Tashkent Poly technical Institute, named after Beruni and in 1983 completed the full course of the abovementioned Institute having specialised din Electrical System and Networks. By the Resolution of the Stale Examination Commission of the 16th of June, 1983, he/she is qualified as Electrical Engineer. By the special decision of the State Examination Commission the Degree of Master of Science in Engineering is conferred on Nayyar Iqbal son of Malik Aman. He/she is entitled by this Diploma to carry out independent work of any kind connected with the abovementioned qualification and specialisation. SEAL OF THE STATE EXAMINATION COMMISSION. (Sd.) RECTOR DEAN OF THE FACULTY Tashkent, the 18th of June, 1983. Regd. No. 1187 db." According to the appellant, this Degree is equivalent to the Degree of Master of Sciences in Engineering in Pakistan and he has placed reliance on the protocol entered between the Islamic Republic of Pakistan with the Union of Soviet Socialist Republics on the equivalency of documents and certificate degree of 4th June, 1979, a photostat copy whereof has been tiled as Annexure `C' to the memo. of appeal, and also on the Certificate from the University Grants Commission dated 27-7-.1983 on the subject, a photostat copy whereof has been riled as Annexure `D'. He has also filed a copy of the Certificate of Registration under the Pakistan Engineering Council Act, 1975 of his registration as professional engineer on the basis of the aforesaid Diploma Degree. He has also placed on record a photostat copy of a letter dated 5-9-19&,3 addressed to the Secretary, Ministry of Water and Power from the Chief Engineer (Admn.), Power, WAPDA, Lahore, recommending the case of the appellant for obtaining opinion of the Ministry of Finance as well as Pakistan Engineering Council for advice. It is Annexure `H' to the memo. of appeal. He has also riled a photostat copy of Office Memorandum dated 12-1-1989 of the Ministry of Finance (Annexure `J') agreeing that the appellant may be allowed four advance increments on the basis of the M.Sc. Electrical Engineering Degree obtained by him from Tashkent Poly technical Institute, USSR. Some more documents have been filed at the hearing of the appeal and they would be referred to hereinafter whenever necessary. As stated above, the respondents have not riled any written objections but the learned counsel appearing on their behalf availing of the production of certain documents by the learned counsel for the appellant has contended that the University Grants Commission was not competent to have certified the equivalence of the Diploma Degree obtained by the appellant from USSR but that question was to be determined by the Pakistan Engineering Council established under the Pakistan Engineering Council Act, 1975, and the Council had ruled out that the degree obtained by the appellant was equivalent to B.Sc. Engineering degree in the relevant field in Pakistan and, therefore, the appellant was not entitled to claim advance increments.

6. The diploma degree obtained by the appellant from Tashkent Poly technical Institute, USSR has been reproduced above. It clearly cites that the appellant was conferred the degree of Master of Science in Engineering by the State Examination Commission. Its equivalence in Pakistan is to be considered in accordance with the protocol between the two Governments, i.e. Islamic Republic of Pakistan and the Union of Soviet Socialist Republics (USSR) entered into on 4-6-1979, a photostat copy whereof has been riled as Annexure `C'. The learned counsel for the appellant has made pertinent reference to clause 4 of the Protocol which reads as under: "Diplomas, issued in the Union of Soviet Socialist Republics after successful graduation from a -higher educational establishment and after passing state examinations or defending a graduation paper and diplomas, issued in the Islamic Republic of Pakistan after graduation from higher educational establishment certifying the receipt by their owners of the degree of Master of Sciences (Arts), arc equivalent and when applying for work arc recognised in both countries in accordance with the degree and qualification, stipulated in these diplomas." It would appear that the degree of Master of Science in Engineering obtained by the appellant from Tashkent Poly technical Institute, USSR is equivalent to the degree of Master or Sciences in Engineering in the case of the appellant, as per Protocol between the two countries, referred to above. The University Grants Commission also certified likewise. Of course, the Pakistan Engineering Council have notified their decision under SPO 833(1)/&g, dated 21-9-1988, that the degree of M.Sc. from USSR was equivalent to B.Sc. Engineering for the purpose of registration under the Pakistan Engineering Council Act as a professional engineer and reference was made to the corrigendum issued by the University Grants Commission to the effect that the diploma in Engineering from USSR was equivalent to B.Sc. Engineering Degree in the relevant field in Pakistan. Reference was also made to the decision of the High Court of Sindh in the Constitutional Petition No. D-1710 of 1987 holding that the Pakistan Engineering Council was the appropriate authority to determine the equivalence of the diploma obtained from USSR. Be that as it may, the decision of equivalence has to be taken in accordance with the Protocol established by the two countries and it appears from clause 4 of the Protocol, referred to above, that the Diploma in Post-Graduate Sciences conferred by Tashkent Poly technical Institute, USSR would be recognised as a degree of Master of Science in the relevant field it Pakistan and the Pakistan Engineering Council would not be competent to impose its own interpretation on the equivalence of the degrees regulated by the Protocol entered into by the two countries. Thus, there does not seem any double that the diploma of degree of Master of Science in Engineering conferred on the appellant by the State Examination Commission in the USSR is equivalent to the degree of Master of Science in Engineering in Pakistan. The power vested in the Pakistan Engineering Council under section 11 of the Pakistan Engineering Council Act, 1975 for recognition of engineering qualifications of Universities outside the country is only for the purpose of its jurisdiction/authority under the said Act. Of course, there is mention in the letter of the Pakistan Engineering Council dated 28-5-1989, addressed to the Ministry of Water and Power, Government of Pakistan, Islamabad, and another letter dated 22-2-1990 addressed to the Deputy Director (Admn.-I), WAPDA, WAPDA House, Lahore of a decision of the Sindh High Court in Petition No. D-1710 of 1987 No copy of the judgment has been made available by the respondents. As mentioned above, the Pakistan Engineering Council does have jurisdiction/authority under section 11 of the aforesaid Act of determining equivalency of the foreign degrees in Engineering Sciences but that is only within the sphere of the powers of the Pakistan Engineering Council under the Act which are specified under section 8 thereof. Moreover the determination of equivalence of the foreign degree in Master of Sciences has to be regulated in accordance with the Protocol entered into by the two Governments and even the Pakistan Engineering Council is bound to give effect to the Protocol. It is, therefore, held that the diploma of degree of Master of Science in Engineering obtained by the appellant from USSR is equivalent to the degree of Master of Sciences in Engineering in Pakistan.

7. The appellant has filed at the hearing of appeal a photostat copy of Office Memorandum No. F.O. B&F/10-126/BSP387/25401-25651, dated 19-7-1989 of the WAPDA on the subject "Revision of Basic Pay Scales of WAPDA Employees", which contains a provision in paragraph 6 for grant of advance increments to its employees for possessing/attaining higher equivalent qualifications. Paragraph 6 is sub-divided in three clauses (a), (b) and (c). Clause (a) provides for advance increments to the employees in BPS-1 to BPS-15. Its clause (b) provides that engineers and doctors shall be allowed four advance increments in case they possess or acquire a Post-Graduate Degree in their relevant field for which they have not been allowed any qualification pay/allowance. Its clause (c) provides that advance increments shall be allowed at the time of recruitment or acquiring higher qualification during service. It follows that the appellant is entitled to the benefit of four advance increments admissible under the said Office Memorandum. He possessed the degree in M.Sc. Engineering at the time of his recruitment in service. However the benefits provided under the said Office Memorandum are effective from the time of July, 1987. The appellant shall, therefore, be entitled to the benefit of four advance increments from that date vii. 1-7-1987 and nut from any earlier date

8. For the reasons recorded above, the appeal is allowed to the extent that the appellant shall be paid four advance increments with effect from 1-7-1987 for having Post-Graduate Degree viz. Master of Science in Engineering. No order is made for costs. M.Y.H./630/Sr.F Appeal allowed.