1994 PLP (C (PLC(CS))

ABDUL RAZZAQ A. THAHIM (CHAIRMAN): Appellant Mr. Abdul Samad, Engineer Manager, Pakistan Broadcasting Corporation (PBC), Peshawar, is holding M.Sc. (Physics) Degree. He joined service as Technical Assistant in the Radio Pakistan on 1‑4‑1967. The Department was subsequently converted into a statutory corporation called "Pakistan Broadcasting. Corporation (hereinafter referred to as the Corporation) on 20‑12‑1972 by Ordinance No. LXVI of 1972, substituted by Act XXXII of 1973. The Government of Pakistan vide Establishment Division notification dated 17‑5‑1971 granted Class‑I status to Graduate Engineers and were allowed Grade‑17 in the National Pay Scales introduced in the year 1972. This benefit was also allowed to the persons possessing M.Sc. Degree. The appellant claimed similar benefit but his request was turned down. He challenged the decision of discriminatory treatment in Peshawar High Court through Writ Petition No.496 of 1982 ultimately his petition was accepted by judgment dated 27‑2‑1989. The respondent‑Corporation went in appeal in the Supreme Court and filed Civil Petition No.272‑R of 1989, which was converted into Civil Appeal No.484‑R of 1989. The Supreme Court in its judgment eras pleased to direct as under: "(i) In view of the facts narrated above, the question of fundamental right does not arise. (ii) The position had changed before the judgment of the High Court was rendered. (iii) The other persons who got affected were not impleaded before the High Court nor before us. (iv) A proper adjudication is required in presence of all including the Pakistan Engineering Council who has now been impleaded as a party. (v) The Pakistan Engineering Council will associate and help for proper adjustment." The appellant after the judgment of the Supreme Court has come before this Tribunal on 22‑7‑1992 with the following prayer:‑‑ "In view of the above, it is prayed that the Hon'ble Tribunal may be pleased to direct respondents 1 to 3 to grant Class‑I status to the appellant w.e.f. 11‑5‑1971 and grant him NPS Grade‑17 w.e.f. 1‑3‑1972, with all the consequent benefits of service due uptodate." The Peshawar High Court passed the following order in Writ Petition No.496 of 1982: "We, therefore, accept this petition and direct the respondents to allow the petitioners the status and the grade in accordance with the same standard and principles as was applied to the graduate engineers in the same service and similar circumstances. The Supreme Court while disposing of the appeal against the judgment of Peshawar High Court has not given any relief to the appellant but it appears that the case was, perhaps, remanded to the Peshawar High Court but the appellant opted to seek that remedy before this Tribunal by filing this appeal. 2.The point involved in this appeal is whether the M.Sc. Degree‑holders are equivalent to B.Sc. Engg. for grant of Class‑I status and placement in Grade‑17. 3.The respondent PBC and the Pakistan Engineering Council have filed comments. According to the Engineering Council the appellant is not entitled to get Grade‑17 as he is not Graduate Engineer and M.Sc. Degree holders are not equated with the B.Sc. Engg.

4. The appellant admittedly has got M.Sc. Degree m Physics and is performing Engineering functions as Engineer Manager and has been granted exemption under section 29 of the PBC Act and according to the comments these functions are only done by professional Engineers. As such, status of Class‑I is only granted to Graduate Engineers and not M.Sc. Degree‑holders. The exemption already granted has been withdrawn.

5. The private respondents have also filed comments and some of them have supported the contention of the appellant that their qualification are equivalent to Graduate Engineers and some of them have stated that Pakistan Engineering Council is the appropriate authority to decide these technical issues.

6. The identical question came up for adjudication before the Supreme Court in the case reported in 1987 SCMR 302 (Muhammad Siddique Nasim v. Secretary, Government of Punjab), wherein it was held: "...that the Pakistan Engineering Council is a statutory body having been constituted under Pakistan Engineering Council Act No.V of 1976, enacted by the Parliament. Some of its statutory functions relate to the recognition of Engg. qualifications for the purposes of registration of professional engineers and consulting engineers and promotion of Engg. education and review of courses of studies in consultation with the Universities. It was, therefore, a proper body to advise the Provincial Government whether or not to treat the Degree of B. Tech. (lions.) as equivalent to B.Sc. (Engg.). If, therefore, the Provincial Government accepted the advice of the Pakistan Engineering Council to withdraw the Notification of 8‑2‑1981, no fault can be found with its action in this regard the petition for leave to appeal is dismissed." In a similar situation, one Fida Hussain filed Appeal No.83 (R) of 1990 before this Tribunal whereby he requested for directions for promotion to the post of Assistant Executive Engineer, Northern Areas. He was holding Diploma of Associate Engineer in Civil Engineering and the question involved in that appeal was whether B. Tech. (lions.) Degree is equivalent to B.Sc. Engg. The Tribunal did not agree and dismissed the appeal holding that B. Tech. (lions.) Degree is not equal to B.Sc. Engg. In that appeal reference was also made to the decided cases of the Tribunal in Appeals Nos. 138 (R)/88 and 228(R) of 1988, decided on 19‑2‑1991, on the identical points. Appellant Fida Hussain, after dismissal of his appeal by the Tribunal, went in appeal to Supreme Court and filed Civil Appeal No.216 of 1991. The Hon'ble Supreme Court dismissed the appeal and observed as under:‑‑ " ....The impugned decision of the Service Tribunal is based on the judgment of this Court in case Muhammad Siddique Nasim v. The Secretary,. Government of the Punjab, Irrigation and Power Department, Lahore (1987 SCMR 302) wherein the recognition of Degree has been held to be the exclusive function of the Pakistan Engineering Council a statutory body constituted under Pakistan Engineering Council Act (V of 1978) and since the qualification of B. Tech. (Hoes.) acquired by the appellant has not been equated with the B.Sc. (Engineering) by the Engineering Council, the appellant was rightly held not entitled to the prayer made by him."

7. The result of the above discussion is that the Pakistan Engineering Council, which is the competent authority has not recognised M.Sc. Physics equivalent to B.Sc. Engg. and as such the appellant cannot get the relief as prayed. The appeal is accordingly dismissed. H.B.T./865/Sr.F Appeal dismissed.