The Chief Secretary,

Government of Balochistan,
Quetta.

Subject:- REDRESSAL OF GENUINE GRIVANCES OF BACHELOR OF TECHNOLOGY (HONOURS)

DEGREE HOLDERS.

Respected Sir,

Kindly refer to our meeting with Honourable Governor of Balochistan, Quetta on dated
__________ on the subject noted issue and to submit regretfully that despite lapse of
considerable time / directions of worthy Governor conveyed vide Principal Secretary No.
SGB/PS/2018/2180 dated 12.12.2018, our legitimate grievances haven’t been redressed so
far.

In view of above, your kind honour is requested to resolve the issue in hand without further
delay and oblige.

Yours obediently,

(Engr. Noor zaman Kakar)

President.

Copy for information and necessary action please with refer to above to:-

1. The Principal Secretary to Governor of Balochistan, Quetta.

Honourable,
Minister for Works & Services,
Government of Sindh,
Karachi.

Subject: - REQUEST FOR PLAYING ROLE FOR REDRESSAL OF GENUINE GRIEVANCES OF

BACHELOR OF TECHNOLOGY (HONOURS) DEGREE HOLDERS WORKING IN
PROVINCIAL WORKS & SERVICES DEPARTMENT.

Honourable Sir,

With profound sense of respect, we being the employment of government nor

Pakistan Engineering Council are narrating few lines for your honour’s kind consideration and
for helping for elimination of oppressive measures being adopted by the professional
terrorists against the Executive Engineers possessing B.Tech (Hons) degrees from the
Engineering Universities including those possessing 3-Years Diploma of Associate Engineers
from the Technical Colleges and who have been promoted as Executive Engineer in
accordance with promotion quota i.e. 7% for B.Tech Engineers & 13% for Diploma Engineers
provided in the service rules of department notified vide No. SOI(W&S)E/12-1/2005 dated
19.03.2014.

Sir, it is pointed out for your honour’s kind information that Mr. Maula Bux Shaikh
holding B.E degree challenged the said notification dated 19.03.2014 in Sindh Service
Tribunal through service appeal No. 195 of 2014 which was dismissed by the Sindh Service
Tribunal on 21.11.2014 with the concluding remarks “ that the points raised in this appeal
already stand decided conclusively and comprehensively against the appellant at the level
of Honourable Supreme Court which cannot be allowed to be reopened and re-agitated.

After dismissal of his appeal Mr. Maula Bux Shaikh holding B.E degree filed appeal
CP. No. 78-K/2015 in Honourable Supreme Court of Pakistan rules wherein on 03.10.2018
Leave to Appeal has been refused by the honourable Supreme Court of Pakistan to B.E
degree holder (member of PEC) with addition of note of caution regarding performing
professional engineering work. Nothing is new in the note of caution but to redress the
ambiguity being created by the B.E engineers/PEC, we have filed a review petition on the
issue of addition of note of caution while the leave to appeal had been refused which is
pending before honourable Supreme Court.

Honourable Sir, the issue remained under consideration in federal & provincial levels.
Finally, full bench (comprising 5 members) of honourable Supreme Court of Pakistan on
05.06.1995 in Suo Motu Review Petition No. 52 of 1993 while giving its verdict in favour of
B.Tech (Hons) degree holders thrashed out the role of Pakistan Engineering Council, definition
of professional engineering work and applicability of PEC Act, 1976. (PLD 1995 SC 701).
 The Honourable court declared that expression “Professional Engineer” carries
specific connotation in the Act which means a person who is in the profession of engineering
and practice as such for the purpose of tendering technical advice in respect of a work
involving technical skill of engineering. Accordingly a person who is not independently
practicing in the profession of engineering and in employment of the Government
Department would not be covered in the definition of professional engineer so as to make
registerable under the provisions of this Act”.

It is added that as far as applicability of PEC Act, 1976 on the persons

qualified from the Technology Colleges / Polytechnic Institutes is concerned, it is
pointed out for your honour’s kind information that Government of Pakistan, through the
Gazette of Pakistan vide S.R.O 1174 (I)/77 dated 14.12.1977 under heading SAVINGS Section
28 Clause (b) of PEC Act, 1975 (V of 1976) published the approved list of the institutions of
Pakistan Engineering Council for the purpose. The Pakistan Engineering Council vide circular
No. PEC /8/DIP dated 04.01.1978 further declared as under please:-

“2. The Diploma Engineers possessing qualification from these Institutions

would continue to perform their duties and the provisions of Pakistan
Engineering Council Act would not affect them in any way.

Honourable Sir, it is further added that National Technology Council (NTC) under
Higher Education Commission (HEC) has been established on 07.09.2015, the process of
accreditation of technology courses and registration of Technology Graduates as Engineering
Technologist & Professional Engineering Technologist is in process / in field and action on HEC
letter No. 15-31/A&C/2017/HEC/117 dated 26.04.2017 regarding identification /
bifurcation of posts for Engineering /Technology degree holders is pending with Sindh
Government. Accordingly now PEC has wrongly poking its nose in service affairs of civil
servants possessing Technology degrees.

Keeping in view the above narrated facts and declaration of the courts of law about
definition of professional engineer, professional engineering works, your honour is requested
to play your role to protect the rights of civil servants / government engineers of Works &
Services department promoted as Executive Engineers against reserved quota and
accordingly practice of removal / displacement ( by accepting the pressure / misleading
statements of unconcerned ) from offices / posts of Regular Executive Engineers (BS-18) may
kindly be stopped / discouraged and obliged.

Yours most obedient servants.

1.

2.

3.