Compensation allowance

2014 PLC(CS) 620 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 10(o)Pakistan Engineering Council Act (V of 1976), S.8Constitution of Pakistan, Art.199Constitutional petitionPromotionCompensation allowanceEquivalence of degreesScope of powers

Petitioners having B.Tech. (Hons.) degree claimed for special compensation allowance as admissible to employees having Engineering degrees

Petitioners possessing B.Tech. (Hons.) degrees were not allowed compensation allowance as their degrees were not recognized by Pakistan Engineering Council equivalent to B.E./B.Sc. Engineering degree

Contention of the petitioners was that Higher Education Commission has declared B.Tech (Hons.) degree equivalent to B.E./B.Sc. Engineering and as such they were entitled to receive special compensation allowance

Validity

Higher Education Commission had 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 had rightly found 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

Petitioners having B.Tech (Hons) degrees were entitled to benefit of special compensation allowance as admissible to graduate engineers

Employees/petitioners having B.Tech. (Hons.) Degrees had been eligible for further grades, promotion, pay/increments as well as other job benefits and allowances as given to engineers holding B.E./B.Sc. degrees

Constitutional petition was allowed.