2014 PLP (C (PLC(CS))

SHOAIB SAEED, J.

Through this writ petition, petitioners have sought enforcement of Notification dated 10-3-2010, for considering their B-Tech (Hons) degree equivalent to B.E./B.Sc. Engineering and for further promotion and allowances given to Engineers holding B.E./B.Sc. degree.

2. Brief facts of the case are that the petitioners are posted as Instructors in Technical Education and Vocational Training Authority Government of Punjab and in such capacity performing duties at different colleges and technical institutions. All the petitioners are B-Tech(Hons) and have passed their examination of Bachelors Technology (Hons) from different Universities of Pakistan. Government of Punjab through letter No. TEVTA/ BUD/SPE. COMP/2010 626 dated 10-3-2010 announced special compensation allowance of Rs.10,000 per month for professional qualification holders and stated that the said allowances shall be admissible subject to the provisions and degree/certificate. Petitioners applied to respondent No.1 for special compensation allowance, their applications/representations were turned down on the plea that the petitioners do not hold the criteria required for grant of special compensation allowances. The Higher Education Commission has declared that B-Tech (Hons) is not similar to B.E./B.Sc. Engineering degree, both degrees be considered as two distinct disciplines of knowledge in the field of Engineering and Technology but could be considered parallel to each other, may be treated at par and compatible for the purpose of grades, pay, promotions and other benefits are concerned.

3. It was contended by the learned counsel for the petitioners that Higher Education Commission has declared B-Tech (Hons) degree equivalent to B.E./B.Sc. Engineering. Declaring equivalency not only in this case but also in other disciplines was the sole domain/prerogative of this body. Pakistan. Engineering Council regulates the affairs of Professional Engineers but it has no authority vested in it to give any Certificate of Equivalence to the professional degree holders. That B-Tech (Hons) degree being equivalent to B.E/B.Sc. Engineering as such petitioners were entitled to receive compensation allowance of Rs.10,000 per month from the date of enforcement of Notification dated 10-3-2010. Being at par they were also eligible for appointments, grade of pay/increments as well as other job benefits eligible for B.E./B.Sc. Engineers. 3-A. On the contrary, learned A.A.-G. appearing on behalf of the respondents contended that Pakistan Engineering Council regulates the affairs of the professional engineers and is the sole authority to recognize graduate engineers. B-Tech (Hons) degree is not registered by Pakistan Engineering Council as Graduate Engineer Degree. Petitioners being not at par with B.E./B.Sc. Engineering were not entitled to special compensation allowances and other benefits.

4. Arguments heard. Available record perused.

5. Higher Education Commission is the sole authority for determination of equivalency not only with regard to engineering qualification but in other disciplines as well. Pakistan Engineering Council only regulates affairs of Engineers. Higher Education Commission having sanctity of law has rightly held that B-Tech (Hons) and B.E./B.Sc. Engineering though two distinct disciplines of knowledge in the field of Engineering and Technology but could be considered parallel to each and at par for the purpose of grades, pay, promotions and other benefits. I, therefore, declare that the petitioners having B-Tech (Hons) degrees are entitled to the benefit as provided in Notification dated 10-3-2010 with regard to compensation allowance of Rs.10,000 per month from the date of enforcement of said Notification. The petitioners are also eligible for further grades, promotion, pay/increments as well as other job benefits and all allowances given to engineers holding B.E./B.Sc. degrees. In view of the above, this writ petition is accepted. JJK/M-266/L Petition accepted.